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United States Court Cases

Nevada Supreme/Appellate Court Record

GREEN (SHEILA) VS. STATE

Case Information: 42070
Short Caption:GREEN (SHEILA) VS. STATECourt:Supreme Court
Related Case(s): 45044
Lower Court Case(s):Clark Co. - Eighth Judicial District - C190250Classification:Criminal Appeal - Life - Direct
Disqualifications:DouglasCase Status:Disposition Filed/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:01/11/2005 at 1:30 PMOral Argument Location:Las Vegas Office
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
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. 03-15706
09/30/2003Notice/OutgoingIssued Notice to Transmit Required Document. Judgment filed 9/23/03. Due Date: 10 days
10/06/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on September 23, 2003. 03-16642
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.] 03-17411
10/28/2003Other Returned Mail. Order filed 10/20/03 addressed to Sheila Green returned. No forwarding address.
10/30/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on October 28, 2003, enclosing a copy of minute order. E. B. Bryson appointed as counsel for appellant. 03-18140
11/03/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: E. Brent Bryson. (Docketing Statement mailed to counsel for appellant.) 03-18265
01/05/2004MotionFiled Motion to Extend Time. 04-00212
01/08/2004Order/Clerk'sFiled Clerk's Order Granting Motion. On November 3, 2003, attorney E. Brent Bryson filed a Notice of Appearance with this court. Accordingly, either a transcript request form or a certificate indicating that no transcripts are being requested was due to be filed by November 18, 2003. To date appellant has failed to file either document. Appellant shall, within 10 days from the date of this order, file and serve the appropriate document. Cause appearing, we grant appellant's motion for an extension of time to file the docketing statement. Accordingly, the clerk of this court shall file the docketing statement received on December 22, 2003. 04-00467
01/08/2004Docketing StatementFiled Docketing Statement. 03-21270
01/23/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: specific dates not given. To Court Reporter: not named. 04-01409
02/27/2004Order/ProceduralFiled Order. to file Amended Transcript Request Form. Appellant shall have 10 days from the date of this order to file an amended transcript request form that complies with NRAP 9(a). 04-03738
03/03/2004MotionFiled Motion to Extend Time. 04-04031
03/17/2004Order/ProceduralFiled Order Granting Motion. for an extension of time to file the opening brief and appendix. Appellant shall have until April 1, 2004, to file and serve the opening brief and appendix. On February 27, 2004, this court entered an order directing appellant to file, within 10 days, an amended transcript request form in compliance with NRAP 9(a). In light of this order, appellant shall have 10 days from the date of this order to file and serve the amended transcript request form. 04-05013
03/31/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 01/17/03, 02/06/03, 02/20/03, 07/01/03, 07/08/03 (2), 07/09/03, 07/10/03, and 07/11/03. To Court Reporter: Tessa R. Heishman, Lisa Brenske, Danette L. Antonacci, and Joseph D'Amato. 04-06021
04/05/2004BriefFiled Opening Brief. 04-06207
04/05/2004AppendixFiled Appendix to Opening Brief. Vols. 1 through 6. 04-06208
04/05/2004MotionFiled Motion. Motion to Transmit Evidence; Affidavit of E. Brent Bryson, Esq. 04-06214
04/30/2004Order/ProceduralFiled Order. On March 31, 2004, appellant filed an untimely 'Amended Request for Transcripts.' Appellant has again failed to file proof of service of the transcript request form on any court reporter. Appellant shall have 15 days from the date of this order to file proof of service of the amended transcript request form on the respective court reporters. On April 5, 2004, appellant moved 'to include within the record on appeal in this matter a complete copy of two videotapes referred to by the trial court.' Our review of the exhibits admitted in the district court indicates that three videotapes were admitted, identified as 'P1-3'. We defer ruling on appellant's motion for transmittal of two videotapes. Appellant shall, within 15 days from the date of this order, file a notice with this court that clearly identifies which videotapes she is moving to have transmitted to this court. 04-07942
05/06/2004BriefFiled Answering Brief. 04-08411
05/06/2004AppendixFiled Appendix to Answering Brief. 04-08412
05/17/2004MotionFiled Motion. Amended Motion to Supplement Record on Appeal; Motion to Transmit Evidence; Affidavit of E. Brent Byrson, Esq. 04-09178
05/17/2004Transcript RequestFiled Request for Transcript of Proceedings. Second Amended Request. Transcripts requested: 01/17/03, 02/06/03, 02/20/03, 07/01/03, 07/08/03 (2), 07/09/03, 07/10/03, 07/11/03, and 02/27/04. To Court Reporter: Heishman, Brenske, Antonacci, and D'Amato. 04-09179
05/26/2004Other Other. Filed State's Response to Appellant's Second Amended Request for Transcripts. 04-09722
06/02/2004TranscriptFiled Transcript. Proceedings: , 07/08/03 (4), 07/09/03, 07/10/03, 07/11/03, 02/27/04. Court Reporter: Joseph D'Amato. 04-10115
06/08/2004BriefFiled Reply Brief. 04-10545
07/06/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
07/13/2004Order/ProceduralFiled Order. On April 5, 2004, appellant moved for the transmittal of two videotapes. Appellant has since filed an 'Amended Motion to Supplement Record on Appeal; Motion to Transmit Evidence.' In this amended motion, appellant only requests transmittal of one videotape, Exhibit P3. fn1[In light of appellant's recent motion for the transmittal of only one videotape, we deny appellant's April 5, 2004, motion for transmittal of two videotapes as moot.] We conclude that the videotape is incapable of reproduction in the appendix and is necessary to the determination of the issues in this appeal. Cause appearing, we grant the unopposed motion. The clerk of the district court shall, within 30 days from the date of this order, certify and transmit the original videotape identified as Exhibit P3, in District Court Case Number C190250. Respondent has filed a 'Response to Appellant's Second Amended Request for Transcripts.' This court's review of the appendix indicates that eight of the requested transcripts are included in the appendix. However, our review of the district court docket entries reveals that only the transcripts for proceedings conducted on February 6, 2003, and February 20, 2003, were filed with the district court prior to docketing of this appeal. Accordingly, inclusion of the other six transcripts in the appendix was improper. For these same reasons it was improper for appellant to have requested the February 6, 2003, and February 20, 2003, transcripts because these transcripts properly belong in the appendix and do not need to be prepared again and filed in this court. In the interest of judicial economy, we waive the requirements of NRAP 10(b) and 30(b)(1) and will consider all the transcripts included in the appendix in resolving this appeal. Court reporters Tessa R. Heishman, Lisa Brenske, and Danette L. Antonacci, and court recorder Joseph D'Amato shall not file the transcripts for proceedings conducted on January 17, 2003, February 6, 2003, February 20, 2003, July 8, 2003, July 9, 2003, July 10, 2003, and July 11, 2003. One of the two requested transcripts not included in the appendix is the transcript for appellant's motion for new trial on February 27, 2004. This proceeding was conducted almost six months after this appeal was docketed. This court's review on appeal is limited to the record made in and considered by the district court in reaching its decision. Accordingly, it was improper for appellant to have requested the transcript for proceedings conducted on February 27, 2004, and Mr. D'Amato shall not file a certified copy of that transcript. Based on a cursory review of the briefs, it appears that the final requested transcript, for proceedings conducted on July 1, 2003, is not necessary for this court's resolution of this appeal. However, if appellant believes a certified copy of this transcript is necessary then she shall so notify this court and Mr. D'Amato within 10 days from the date of this order. If appellant does not notify this court that the July 1, 2003, transcript is necessary for our resolution of this appeal then Mr. D'Amato will not be obligated to prepare and file that transcript. We caution appellant that in resolving this appeal, this court will disregard any assertion in the briefs that is not properly supported by a citation to the record. Further, we admonish appellant's counsel for failing to follow the Nevada Rules of Appellate Procedure in requesting transcripts and assembling the appendix. 04-12749
07/26/2004Transcript RequestFiled Certificate of No Transcript Request. (Appellant's Response to Supreme Court Order dated July 13, 2004) 04-13569
09/01/2004Notice/OutgoingIssued Letter. to Clark County Clerk requesting transmission of Plaintiff's Exhibits 1 and 2 (P1" and "P2").
09/27/2004Order/ProceduralFiled Order. On July 13, 2004, this court granted appellant's motion to supplement the appellate court record and directed the clerk of the district court to certify and transmit to this court the original videotape admitted as Exhibit P3. The original videotape was received and filed on July 26, 2004. A review of the videotape reveals that the recording ends at time reference 12:46, and that the remainder of the videotape is blank. Nevertheless, it appears that a review of the full videotape is not necessary to the resolution of this appeal because the recitation of the events depicted on the videotape, as set forth in the opening brief, and the absence of a Miranda warning are undisputed. 04-17843
11/17/2004Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 11, 2005, at 1:30 p.m. (SNP05-RR/MG/JH)
12/23/2004Notice/OutgoingIssued Oral Argument Reminder Notice.
01/11/2005Other Other. "Oral Argument: Vacated. At the time set for argument, the parties inform the court that this matter has settled. Court to enter order of limited remand."
02/14/2005Order/DispositionalFiled Order of Remand. This matter was set for oral argument before the Southern Nevada Panel on January 11, 2005. At the time set for argument, the parties appeared before the court and stated on the record that they had reached a settlement of this appeal. The parties requested this court to remand this matter to the district court for the purpose of effectuating the settlement. Cause appearing, we approve the parties' stipulation and remand this matter to the district court for further proceedings in accordance with the parties' stipulation. fn1[This order constitutes our final disposition of this appeal. In the event that the district court does not approve the parties' stipulation on remand, appellant shall notify this court and the appeal will be reinstated. No remittitur will issue in this matter.] SNP05-RR/MG/JH 05-02891
02/14/2005Case Status Update Case Closed. No remittitur issued.
04/25/2005Letter/IncomingFiled Letter. from E. Brent Bryson regarding the order of remand/release of appellant from incarceration. 05-08095
10/11/2006Notice/OutgoingIssued Notice. Exhibits: State's #3 videotape, P1 and P2 videotapes returned to the Clark County Clerk.
10/20/2006Notice/IncomingFiled Notice. Notice of Return of Exhibits. Received by County Clerk on October 16, 2006. 06-26877