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United States Court Cases

Nevada Supreme/Appellate Court Record


Case Information: 44048
Short Caption:HOWARD (FRANKLIN) VS. STATECourt:Supreme Court
Related Case(s): 42295
Lower Court Case(s):Clark Co. - Eighth Judicial District - C185755Classification:Criminal Appeal - Other - Post-Conviction/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:01/24/2005How Submitted:On Record

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Docket Entries
10/06/2004Filing Fee Filing Fee Waived.
10/06/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 04-18547
10/07/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 04-18668
11/10/2004TranscriptFiled Transcript. Proceedings: November 6, 2003. Court Reporter: Maureen Schorn. 04-20732
11/12/2004MotionFiled Motion to Extend Time. 04-20832
11/12/2004MotionFiled Motion. Motion to Relieve the Clark County Public Defender's Office of Representation of Appellant and for Appointment of New Counsel. 04-20833
11/29/2004Order/ProceduralFiled Order. Clark County Deputy Public Defender James J. Ruggeroli shall have 10 days from the date of this order within which to inform this court whether he represented appellant or whether appellant was without counsel. This court will defer ruling on the motion to withdraw until Ruggeroli files his response. The deadlines for the filing of documents pursuant to NRAP 3C are suspended until further order of this court, and the motion for an extension is therefore denied as moot. 04-21752
12/13/2004MotionFiled Response to Motion. Response to Order Filed November 29, 2004. 04-22709
01/05/2005Order/ProceduralFiled Order Granting Motion. to Withdraw and Directing Transmission of Record. The district court minutes and the district court order denying the petition both state that appellant was represented by Clark County Deputy Public Defender James J. Ruggeroli in the post-conviction proceedings below. Accordingly, when this appeal was docketed, a notice was sent to Ruggeroli, informing him that this appeal was subject to the provisions of Nevada Rule of Appellate Procedure 3C. On November 12, 2004, Ruggeroli filed a motion for an extension of time in which to file the fast track statement, and also filed a motion to withdraw as counsel in this appeal. Based on Ruggeroli's motions and further review of the documents before this court, it was unclear whether Ruggeroli did, in fact, represent appellant in the post-conviction proceedings, or whether appellant was acting in proper person. Ruggeroli filed a response on December 13, 2004 to our November 29, 2004 order and informs this court that he represented appellant through sentencing, but that appellant filed a proper person post-conviction petition and was not represented by counsel in the post-conviction proceedings. This court therefore concludes that this appeal is not subject to the provisions of NRAP 3C. Accordingly, Ruggeroli's motion to withdraw as counsel in this appeal is granted. Record due: 30 days. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.) fn1[The record shall not include any physical, non-documentary exhibits or the original documentary exhibits filed in the district court, but copies of documentary exhibits submitted in the district court proceedings shall be transmitted as part of the record on appeal. The record shall also include any presentence investigation reports submitted in this matter. The clerk of the district court shall transmit the reports to this court in a sealed envelope identifying the contents and marked confidential.] 05-00236
01/24/2005Record on Appeal DocumentsFiled Record on Appeal. 05-01477
01/24/2005Case Status Update Submitted for Decision.
02/16/2005Order/DispositionalFiled Order of Affirmance. We conclude that Howard is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED." NNP05-WM/MD/RP 05-03166
03/15/2005RemittiturIssued Remittitur. Returned Record on Appeal this day. 05-03321
03/15/2005Case Status Update Remittitur Issued/Case Closed.
03/23/2005RemittiturFiled Remittitur. Received by County Clerk on March 17, 2005. 05-03321