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United States Court Cases

Nevada Supreme/Appellate Court Record

MACK (CHRISTOPHER) VS. STATE C/W 42149

Case Information: 42073
Short Caption:MACK (CHRISTOPHER) VS. STATE C/W 42149Court:Supreme Court
Consolidated:42073*, 42149 Related Case(s): 40884 , 47282 , 52953 , 65307 , 67850 , 67850-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C182000Classification: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:01/12/2005How Submitted:On Briefs

+ 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. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 03-15712
09/19/2003Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
10/07/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 03-16672
11/07/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.) 03-18724
11/24/2003Docketing StatementFiled Docketing Statement. 03-19600
12/17/2003Order/ProceduralFiled Order. Attorney Charles Waterman filed a notice of appeal on behalf of appellant on September 16, 2003. The notice of appeal stated 'that Jeffery Wayne Burger, Defendant above-named, hereby appeals.' We note, however, that the caption on the notice of appeal identifies the defendant as 'Christopher Mack.' It therefore appears that the identification of Jeffery Wayne Burger as defendant was a typographical error. We admonish Mr. Waterman for failing to properly identify appellant in the text of the notice of appeal. On November 4, 2003, attorney Marvin L. Longabaugh also filed a notice of appeal on behalf of appellant. On November 24, 2003, Mr. Longabaugh filed appellant's docketing statement. Based on the most recent filings in this appeal, it appears that Mr. Longabaugh has taken over representation of appellant for this appeal. We note, however, that Mr. Waterman has not requested leave to withdraw as counsel of record for appellant in this appeal. Accordingly, if Mr. Waterman wishes to withdraw as counsel of record for appellant in this appeal, he shall, within 20 days from the date of this order, file a motion to withdraw. To date, appellant has failed to file either a transcript request form or a certificate indicating that no transcripts are requested Appellant shall have 10 days from the date of this order to comply with NRAP 9(a). 03-20988
12/24/2003Transcript RequestFiled Certificate of No Transcript Request. 03-21448
12/26/2003MotionFiled Motion. (Charles Waterman). 03-21461
12/29/2003TranscriptFiled Transcript. Proceedings: July 23, 2003, July 24, 2003 and July 25, 2003. Court Reporter: Shirlee Prawalsky. 03-21595
01/13/2004Order/ProceduralFiled Order Granting Motion. filed December 26, 2003. Attorney Charles Waterman has moved for leave to withdraw as counsel of record for appellant. Mr. Waterman's co-counsel, Mr. Marvin L. Longabaugh, has been served with a copy of the motion and has not opposed it. Cause appearing, we grant the motion. See SCR 166(2)(f). The clerk shall remove Mr. Waterman as counsel of record for appellant. 04-00756
04/21/2004Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days from 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 counsel for appellant. On December 24, 2003, appellant filed a 'Certificate of Non-Request for Transcripts.' On December 29, 2003, court recorder Shirlee Prawalsky filed transcripts with this court for proceedings conducted on July 23, 2003, July 24, 2003, and July 25, 2003. In the interest of judicial economy, we conclude that if appellant will be citing to these transcripts he does not need to include them in the appendix to his opening brief. 04-07345
04/30/2004MotionFiled Motion to Consolidate. Nos. 42073/42149. 04-07968
05/19/2004Order/ProceduralFiled Order/Consolidation. On April 21, 2004, we directed appellant to file the opening brief and appendix in Docket No. 42073 within 15 days. On April 30, 2004, appellant's counsel, Mr. Marvin L. Longabaugh, moved to consolidate these appeals. In support of the motion, Mr. Longabaugh notes that the appeals 'involve common questions of law and fact as they arose allegedly out of the same incident.' Mr. Longabaugh further requests that this court accept the opening brief filed on March 2, 2004, in Docket No. 42149 as the opening brief in Docket No. 42073. Cause appearing, we grant the motion and consolidate the above-entitled appeals all appellate purposes. The briefs filed in Docket No. 42149 will be accepted as the briefs for Docket No. 42073. We vacate that portion of our April 21, 2004, order entered in Docket No. 42073 directing appellant to file an opening brief and appendix. Nos. 42073/42149 04-09262
07/29/2004Notice/IncomingFiled Notice of Change of Address. Longabaugh Law Offices. Nos. 42073/42179. 04-13848
12/07/2004Order/ProceduralFiled Order Denying Motion. Briefing for these consolidated appeals was completed on April 26, 2004, with the filing of the reply brief. On November 8, 2004, appellant submitted a motion for leave to file proper person documents. fn1[Because we elect to resolve this document on its merits, we direct the clerk to file the proper person motion received on November 8, 2004.] We note that appellant is represented by counsel in this appeal. We further note that appellant's counsel has filed all required documents on behalf of appellant for this appeal. No good cause appearing, we deny appellant's motion to file documents in proper person. See NRAP 46(b). Appellant shall address all concerns relating to this appeal to his counsel of record. Nos. 42073/42149. (04-22281) 04-22281
12/07/2004Other Incoming DocumentFiled Proper Person Document. Appellant's request for Leave to Submit Proper Person Pleadings (N.R.A.P. Rule 46(b)). Nos. 42073/42149. (04-20568) 04-20568
01/12/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Cause appearing, oral argument will not be scheduled and these appeals 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). Nos. 42149/42073. (05-00662) 05-00662
01/12/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH. Nos. 42149/42073.
02/14/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part, and Remanding. "We ORDER the judgment of the district court AFFIRMED IN PART, REVERSED IN PART, AND REMANDED with instructions to vacate Mack's Kidnapping conviction." Nos. 42073/42149. 05-02888
03/11/2005RemittiturIssued Remittitur. 05-03279
03/11/2005Case Status Update Remittitur Issued/Case Closed.
03/23/2005RemittiturFiled Remittitur. Received by County Clerk on March 14, 2005. 05-03279