| Case Information: 47985 | |||
| Short Caption: | HUBER (MARTIN) VS. CLERK | Court: | Supreme Court |
| Related Case(s): | 48925 , 48989 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C211038 | Classification: | Original Proceeding - Criminal - Proper Person Writ Petition |
| Disqualifications: | Case Status: | Notice in Lieu of Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 09/06/2006 | Filing Fee | Filing Fee Waived. | ||
| 09/06/2006 | Petition/Writ | Filed Proper Person Petition for Writ. Petition for a Peremptory Writ of Mandate. | 06-18408 | |
| 09/19/2006 | Order/Procedural | Filed Order. Directing Response. Response from the Clark County District Attorney due: 30 days. fn6[The clerk of the district court has a duty to maintain a copy of the documents received for filing in the case record. If the case record does not contain a copy of the notice of appeal, the State shall inform this court of this fact. The State should provide this court with copies of any logs supporting the date the notice of appeal was delivered to prison officials.] | 06-19265 | |
| 10/23/2006 | Motion | Filed Response to Order to Show Cause. State's Response to Supreme Court Order Dated September 19, 2006. | 06-21780 | |
| 11/09/2006 | Order/Procedural | Filed Order. Directing District Attorney to Provide Copies of Documents in District Court File and Directing Attorney General to Obtain and Transmit Prison Logs. The district attorney shall have 20 days to submit to this court copies of the June 12, 2006 motion to withdraw a guilty plea, the July 4, 2006 letter from petitioner relating to the motion, and the July 11, 2006 letter from the clerk to petitioner. The attorney general, as the representative of the custodian of these records, shall have 20 days from the date of this order within which to obtain and transmit to the clerk of this court copies of the notice of appeal or prison mail logs for the time period of December 21, 2005, through January 2, 2006. Further, the attorney general shall inform this court why those records were unavailable and what steps may be taken to ensure that the timely access to these records is not compromised in the future. Fn8 [It is not clear from the documents before this court where petitioner was incarcerated at the time he purportedly mailed his notice of appeal for filing. If the attorney general finds that he was not incarcerated at the Lovelock Correctional Center, the attorney general shall ascertain where he was incarcerated on or around December 21, 2005, and obtain the relevant documents from that institution or facility. If that institution or facility does not have any documentation, the attorney general shall inform this court of this fact.] | 06-22966 | |
| 11/27/2006 | Other | Other. Received June 12, 2006 motion to withdraw a guilty plea, the July 4, 2006 letter from petitioner relating to the motion, and the July 11, 2006 letter from the clerk to petitioner. Submitted by James Tuftland in response to the 11/9/06 order. | 06-24247 | |
| 11/29/2006 | Motion | Filed Motion to Extend Time. (submitted by Attorney General) | 06-24369 | |
| 12/04/2006 | Order/Procedural | Filed Order Granting Motion. The Attorney General shall have until December 13, 2006, to file with this court the documents and response required by the order of November 9, 2006. | 06-24766 | |
| 12/11/2006 | Notice/Incoming | Filed Notice. Notice of Compliance with November 9, 2006, Order. (prison log) | 06-25220 | |
| 01/05/2007 | Order/Dispositional | Filed Order Granting Petition. Order Denying Petition in Part and Granting Petition in Part. "ORDER the petition DENIED in part and GRANTED in part AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the clerk of the district court to file the motion to withdraw a guilty plea received on June 12, 2006 with a filing date of June 12, 2006." fn7[We have considered all proper person documents, and we conclude that petitioner is entitled only to the relief described herein.] SNP07-WM/MG/MD | 07-00309 | |
| 01/05/2007 | Writ | Issued Writ. Certified copy of writ and order mailed to Shirley Parraguirre, Clark County Clerk, by this office. | 07-00338 | |
| 01/05/2007 | Writ | Filed Writ. Served on Shirley Parraguirre, Clark County Clerk, by mail from this office on this day. | 07-00338 | |
| 01/30/2007 | Remittitur | Issued Notice in Lieu of Remittitur. | 07-01970 | |
| 01/30/2007 | Case Status Update | Remittitur Issued/Case Closed. | ||