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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 42069
Short Caption:SMITH (KEITH) VS. STATECourt:Supreme Court
Related Case(s): 49020 , 50588 , 59640
Lower Court Case(s):Clark Co. - Eighth Judicial District - C178912Classification: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:10/17/2005How Submitted:On Briefs

+ Party Information

Docket Entries
09/19/2003Filing Fee Filing Fee Waived.
09/19/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-15704
09/23/2003Notice/OutgoingIssued Notice to Transmit Required Document. Judgment of Conviction filed on 9/17/03. Due Date: 10 days
09/30/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of judgment of conviction filed in district court on September 17, 2003. 03-16280
10/01/2003Other Returned Mail. Notice issued 09/23/03 addressed to Keith Smith returned-"Not in Custody at this Facility." No forwarding address.
10/20/2003Order/ProceduralFiled Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from appointment or appearance of counsel the district court clerk shall transmit to this court a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. fn1[All filing deadlines, including those set forth in NRAP 9, NRAP 14, and NRAP 31(a)(1), shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.] 03-17414
10/28/2003Other Returned Mail. Order filed 10/20/03 addressed to Keith Smith returned. No forwarding address.
12/04/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on December 1, 2003, enclosing a copy of minute order. Deputy Public Defender Lynn Avants reaffiarmed as counsel for appellant on 11/17/03. 03-20149
12/31/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Lynn Avants of the Clark County Public Defender as counsel for appellant. 04-02480
01/15/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 08/05/03, 08/06/03, 08/07/03, 08/08/03, and 09/09/03. To Court Reporter: Maureen Schorn. 04-00865
01/22/2004Order/ProceduralFiled Order. On December 4, 2003, this court filed a certified notice from the district court that indicated that Deputy Public Defender Lynn Avants was appointed to represent appellant. Accordingly, Ms. Avants shall have 10 days from the date of this order to file a notice of appearance on behalf of appellant in this court. The clerk of this court shall mail to appellant a docketing statement. Appellant shall have 15 days from the date of this order to file and serve the docketing statement. See NRAP 14(b). (Docketing statement mailed to counsel for appellant). 04-01302
02/02/2004TranscriptFiled Transcript. Proceedings: 08/05/03; 08/06/03; 08/07/03; 08/08/03; and 09/09/03. Court Reporter: Maureen Schorn. 04-02056
02/09/2004Docketing StatementFiled Docketing Statement. 04-02487
06/15/2004Order/ProceduralFiled Order. to file Opening Brief and Appendix. The opening brief and appendix were due to be filed by April 29, 2004. To date, appellant has failed to file these documents. Appellant shall have 15 days from the date of this order to file and serve the opening brief and appendix. 04-10959
06/30/2004MotionFiled Motion to Extend Time. 120 days requested. 04-12016
10/06/2004Order/ProceduralFiled Order Granting Motion. filed June 30, 2004. Appellant shall have until October 28, 2004, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. 04-18442
11/01/2004MotionFiled Motion and Order/Excess Pages. Granted: 49 pages. 04-20058
11/01/2004BriefFiled Opening Brief. 04-20059
11/01/2004AppendixFiled Appendix to Opening Brief. 04-20060
12/01/2004MotionFiled Stipulation and Order. Brief due: December 15, 2004. 04-21882
12/10/2004BriefFiled Answering Brief. 04-22577
01/14/2005BriefFiled Reply Brief. 05-00893
10/17/2005Order/ProceduralFiled Order/Submit on Briefs. Order 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. 05-20440
10/17/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP06-WM/MG/JH
12/21/2005Order/DispositionalFiled Dispositional Order/Appeal. Order of Affirmance and Limited Remand to Correct the Judgment of Conviction. "ORDER the judgment of the district court AFFIRMED, with remand for the limited purpose of correcting the judgment of conviction." SNP06-WM/MG/JH 05-24874
01/17/2006RemittiturIssued Remittitur. 06-00490
01/17/2006Case Status Update Remittitur Issued/Case Closed.
01/25/2006RemittiturFiled Remittitur. Received by County Clerk on January 19, 2006. 06-00490