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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 38169
Short Caption:NICHOLS (JIMMIE) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C169330Classification: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:09/12/2002How Submitted:On Briefs

+ Party Information

Docket Entries
07/16/2001Filing Fee Filing Fee Waived.
07/16/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-12075
07/25/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/06/00 and 6/19/01. To Court Reporter/Recorder: Rene Silvaggio. Transcripts requested: 1/10/01; 4/19/01; 4/20/01; 4/24/01. To Court Reporter/Recorder: Patsy Smith. 01-12585
07/27/2001Docketing StatementFiled Docketing Statement. 01-12714
08/06/2001TranscriptFiled Transcript. Proceedings: 04/25/01 and 04/27/01. Court Reporter: Renee Silvaggio. 01-13255
08/10/2001TranscriptFiled Transcript. Proceedings: January 10, 2001, April 19, 2001, April 20, 2001, April 26, 2001, April 30, 2001, May 1, 2001, May 2, 2001, May 3, 2001 and May 4, 2001. Court Reporter: Patsy K. Smith. 01-13609
08/20/2001TranscriptFiled Transcript. Proceedings: June 19, 2001. Court Reporter: Renee Silvaggio. 01-14057
11/13/2001MotionFiled Stipulation and Order. Brief due: December 13, 2001. 01-18865
11/19/2001Order/ProceduralFiled Order. A review of our records indicates that transcripts for proceedings conducted on December 6, 2000, and April 24, 2001, have not yet been filed with this court. The district court docket entries indicates that the transcript for proceedings conducted on December 6, 2000, were filed in the district court on January 17, 2001, and were therefore improperly requested. We conclude that Ms. Silvaggio is not required to file the transcript for proceedings conducted on December 6, 2000, with this court. Ms. Smith shall have 20 days from the date of this order to prepare and file the transcript for proceedings conducted on April 24, 2001. If more time is needed to complete the preparation of the transcript, Ms. Smith shall, within the same time period, file a motion with this court requesting an extension of time stating the reason for the extension. If the requested transcript cannot be produced, Ms. Smith shall notify this court, in writing, of this fact. 01-19332
12/05/2001Notice/IncomingFiled Affidavit. Affidavit of Patsy K. Smith. There is no calendar or minute order in this case for April 24, 2001, so there is no transcript to be prepared. 01-20414
12/14/2001MotionFiled Motion to Extend Time. Motion for Extension of Time to file Appellant's Opening Brief and Appendix. 01-21101
12/21/2001Notice/IncomingFiled Affidavit. Requesting extention of time to file transcripts. 01-21556
01/10/2002Order/ProceduralFiled Order. On November 19, 2001, we entered an order directing court reporter Patsy K. Smith to file and serve the requested transcript for proceedings conducted on April 24, 2001. On December 21, 2001, court reporter Renee Silvaggio filed an affidavit stating that the district court docket entries and minutes reflecting Ms. Smith as the court reporter is incorrect, and that Ms. Silvaggio was in fact the court reporter for those proceedings. Ms. Silvaggio also requested an extension of time to file and serve the requested transcript because she did not receive proper notice. We vacate that portion of the order entered on November 19, 2001, directing court reporter Smith to file the requested transcripts. We grant court reporter Silvaggio's request. Ms. Silvaggio shall have 15 days from the date of this order to file and serve the transcript for proceedings conducted on April 24, 2001. On December 14, 2001, appellant filed a motion requesting a second extension of time to file and serve the opening brief and appendix. We grant the motion. Appellant shall file and serve the opening brief and appendix within 35 days from the date of this order. 02-00676
01/28/2002TranscriptFiled Transcript. Proceedings: April 24, 2001. Court Reporter: Renee Silvaggio. 02-01818
02/19/2002MotionFiled Motion and Order/Excess Pages. Granted: 35 pages. 02-03128
02/19/2002BriefFiled Opening Brief. Mailed on: 02/13/02. Signed by: David M. Schieck. 02-03163
02/19/2002AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 02-03165
03/20/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. Signed by: James Tufteland. 02-05008
03/20/2002AppendixFiled Appendix to Answering Brief. 02-05009
04/19/2002MotionFiled Stipulation and Order. Brief due: May 18, 2002. 02-07021
05/20/2002BriefFiled Reply Brief. Mailed on: 05/16/02. 02-08841
09/12/2002Order/ProceduralFiled Order/Submit on Briefs. Submitting for Decision Without Oral Argument. 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. See NRAP 34(f)(1). 02-15841
09/12/2002Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP03-MS/ML/NB
11/21/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB 02-20062
12/17/2002RemittiturIssued Remittitur. 02-20358
12/17/2002Case Status Update Remittitur Issued/Case Closed.
12/30/2002RemittiturFiled Remittitur. Received by County Clerk on December 19, 2002. 02-20358