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United States Court Cases

Nevada Supreme/Appellate Court Record

SILVA (MICHAEL) VS. STATE

Case Information: 36306
Short Caption:SILVA (MICHAEL) VS. STATECourt:Supreme Court
Related Case(s): 40943 , 42187
Lower Court Case(s):Clark Co. - Eighth Judicial District - C106115Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:04/09/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/19/2000Filing Fee Filing Fee Waived.
06/19/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. . (Docketing statement mailed to counsel for appellant.) 00-10416
07/03/2000Docketing StatementFiled Docketing Statement. 00-11333
07/11/2000MotionFiled Motion to Extend Time. Motion for Late Filing of Request for Transcript of Proceedings. 00-11926
07/11/2000Transcript RequestReceived Request for Transcript of Proceedings. 00-11927
07/13/2000Order/Clerk'sFiled Clerk's Order. The transcript request form provisionally submitted on July 11, 2000, shall be filed, forthwith. 00-12031
07/13/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: October 18, 1993; November 3, 1998; March 15, 1999; April 7, 1999; April 30, 1999; June 1, 1999; October 7, 1999; April 19, 2000. To Court Reporters: Helene Karp, Margaret Cardwell and Diann Prock. 00-11927
08/21/2000TranscriptFiled Transcript. Proceedings: March 15, 1999, April 7, 1999, April 30, 1999. Court Reporter: Margaret Cardwell. 00-14609
10/13/2000MotionFiled Stipulation and Order. Brief due: 11/13/00. 00-18230
11/15/2000MotionFiled Motion to Extend Time. 00-20056
11/20/2000Order/Clerk'sFiled Clerk's Order Granting Motion. Appellant shall have 30 days from the date of this order to file and serve the opening brief and appendix. Any future motion for an extension of time should specify the amount of time requested. 00-20322
12/22/2000MotionFiled Motion to Extend Time. 00-22366
12/26/2000Order/ProceduralFiled Order. It appears that appellant erroneously requested transcripts for proceedings conducted on October 18, 1993. Court reporters Karp, Cardwell and Prock shall have 20 days from the date of this order to file the remaining requested transcripts (dated: November 3, 1998; June 1, 1999; October 7, 1999; and April 19, 2000) , file a motion for an extension of time to do so, or to inform this court in writing why the requested transcripts cannot be produced. 00-22482
01/05/2001TranscriptFiled Transcript. Proceedings: 6/1/99; 10/7/99; and 4/19/00. Court Reporter: Diann Prock. 01-00303
01/19/2001Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including February 20, 2001, to file and serve the opening brief and appendix. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances. 01-01229
01/22/2001TranscriptFiled Transcript. Proceedings: 11/3/98. Court Reporter: Margaret Cardwell. 01-01392
02/20/2001MotionFiled Motion. Attorney Scott L. Bindrup 01-03208
07/06/2001Order/ProceduralFiled Order Granting Motion. We grant Mr. Bindrup's motion to withdraw as counsel of record. The clerk of this court shall amend the court's docket in this appeal to reflect that appellant is represented by Mr. Gregory L. Denue. Mr. Denue shall have 15 days from the date of this order to file a notice of appearance in this court. Additionally, Mr. Denue shall have 45 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 01-11401
07/23/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Gregory L. Denue. 01-12494
09/11/2001Order/ProceduralFiled Order. To date appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. Respondent shall within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a rely brief within 30 days of service of the answering brief. 01-15288
09/27/2001BriefFiled Opening Brief. Mailed on: 09/24/01. 01-16291
09/27/2001AppendixFiled Appendix to Opening Brief. 01-16292
10/29/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. 01-18090
10/29/2001AppendixFiled Appendix to Answering Brief. Vols. 1 through 5. 01-18092
12/10/2001Case Status Update Briefing Completed.
04/09/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 02-06228
04/09/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP02-CY/DA/ML
05/28/2002MotionReceived Proper Person Motion. Appellant's Proper Person Motion to Dismiss Court Appointed Counsel. 02-09289
06/05/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP02-CY/DA/ML 02-09799
06/12/2002Order/ProceduralFiled Order Denying Motion. On May 28, 2002, appellant submitted a proper person motion that requests this court to dismiss his court appointed attorney and allow him to proceed in proper person. Pursuant to NRAP 46(b), a party may not file papers in proper person without leave of the court. Nevertheless, we direct the clerk of this court to file "Appellant's Proper Person Motion to Dismiss Court Appointed Counsel" received on May 28, 2002. Because appellant is represented by counsel in this appeal, we deny his motion to proceed in proper person and we deny appellant's request to remove his counsel and allow him to proceed in proper person. We direct the clerk of this court to return, unfiled, appellant's "Motion to Supplement Opening Brief" and the supplement attached to said motion received on May 28, 2002. Appellant shall address all concerns relating to this appeal to his counsel of record. 02-10210
06/12/2002MotionFiled Proper Person Motion. Appellant's Proper Person Motion to Dismiss Court Appointed Counsel. 02-09289
06/12/2002Notice/OutgoingIssued Letter. to appellant Michale Joseph Silva. Returned unfiled, the original Proper Person Motion to Supplement Opening Brief received on May 28, 2002.
07/02/2002RemittiturIssued Remittitur. 02-10407
07/02/2002Case Status Update Remittitur Issued/Case Closed.
07/16/2002RemittiturFiled Remittitur. Received by County Clerk on July 5, 2002. 02-10407
09/30/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed August 27, 2002 and placed on the docket as no. 02-6459. 02-16810
12/09/2002Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. (No action required.) 02-20980