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United States Court Cases

Nevada Supreme/Appellate Court Record

MENDOZA (JUAN) VS. STATE

Case Information: 44036
Short Caption:MENDOZA (JUAN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C188309Classification: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:01/10/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/05/2004Filing Fee Filing Fee Waived.
10/05/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 04-18389
10/05/2004Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
10/08/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Submitted in proper person by appellant. 04-18742
10/22/2004MotionFiled Motion. Motion to Withdraw as Attorney of Record, and to have Counsel Appointed for Purposes of Appeal. 04-19550
10/22/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: June 29, 2004 through July 1, 2004. To Court Reporters: Peggy Isom and Freelance Court Reporters. 04-19551
10/22/2004Docketing StatementFiled Docketing Statement. 04-19552
10/22/2004Notice/OutgoingIssued Notice to Provide Proof of Service. Due date: 10 days.
11/02/2004Notice/IncomingFiled Proof of Service. (Docketing Statement). 04-20211
12/27/2004Letter/IncomingFiled Letter. (via fax) from court reporter Jennifer Daly requesting an extension of time. 02/23/05 ORDER: FILED LETTER. 04-23484
01/05/2005Transcript RequestReceived Request for Rough Draft Transcript(s). Transcript: 06/30/04. Court Reporter: Jennifer Daly. 02/23/05 ORDER: FILED ROUGH DRAFT TRANSCRIPT.
01/28/2005TranscriptFiled Transcript. Proceedings: 6/28/04 and 6/29/04. Court Reporter: Peggy Isom. 05-01901
02/10/2005Notice/OutgoingIssued Notice to File Opening Brief and Appendix.
02/23/2005Order/ProceduralFiled Order. Regarding Motion to Withdraw, Case Appeal Statement, and Transcripts. Attorney Joseph S. Sciscento has moved to withdraw as counsel for appellant. We note that Mr. Sciscento's motion is not accompanied by proof of service on appellant. Accordingly, we deny the motion. This denial is without prejudice to Mr. Sciscento's right to re-file the motion to withdraw with proof of service on appellant. On October 5, 2004, this court issued a notice directing appellant to file a case appeal statement. To date, appellant has failed to comply with this court's notice. Mr. Sciscento shall, within 10 days from the date of this order, file a case appeal statement in the district court and file, with this court, two certified copies of the case appeal statement. On October 22, 2004, appellant filed a transcript request form requesting court reporters Peggy Isom, Jennifer Daly, and Cheryl Gardner to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] All requested transcripts were due to be filed by November 22, 2004. On December 27, 2004, we received a letter from Ms. Daly requesting an extension of time to file the transcript requested of her. On January 5, 2005, we received a rough draft transcript of the June 30, 2004, proceedings prepared by Ms. Daly. Neither document filed by Ms. Daly is in compliance with the Nevada Rules of Appellate Procedure. Ms. Daly's letter is not accompanied by an affidavit, nor does it indicate that it was served on appellant's counsel. In addition, this appeal is not subject to NRAP 3C, which allows for rough draft transcripts; the transcripts filed in this appeal should be certified copies. However, in the interest of judicial economy, we elect to treat Ms. Daly's letter as a motion for extension of time. Cause appearing, we grant the motion. The clerk shall file the letter received on December 27, 2004, and the rough draft transcript received on January 5, 2005. This court will waive the requirement that the June 30, 3004, transcript be a certified copy unless either party files an objection within 10 days from the date of this order. To date, Ms. Gardner has not filed the July 1, 2004, transcript. Ms. Gardner shall have 20 days from the date of this order to prepare and file certified copies of the July 1, 2004, transcripts. If more time is needed to complete the preparation of the transcript, Ms. Gardner shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcript cannot be produced, Ms. Gardner shall notify this court, in writing, of this fact. 05-03611
02/23/2005Letter/IncomingFiled Letter. (via fax) from court reporter Jennifer Daly requesting an extension of time. 04-23484
02/23/2005TranscriptFiled Rough Draft Transcript of Proceedings. Transcript: 06/30/04. Court Reporter: Jennifer Daly. 05-00234
03/15/2005TranscriptFiled Transcript. Proceedings: July 1, 2004. Court Reporter: Cheryl Gardner. 05-05082
04/08/2005MotionFiled Motion to Extend Time. 60 days requested. 05-06968
06/06/2005Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file a case appeal statement with the district court and file with this court two certified copies of the case appeal statement. The clerk of this court shall file the opening brief and appendix received on May 12, 2005. Respondent shall have 30 days from the date of this order to file and serve an answering brief. 05-11016
06/06/2005BriefFiled Opening Brief. 05-09300
06/06/2005AppendixFiled Appendix to Opening Brief. 05-09302
06/14/2005BriefFiled Answering Brief. 05-11658
06/24/2005Letter/IncomingFiled Letter. from attorney Joseph S. Sciscento in response to order filed on June 6, 2005 (file-stamped copy of case appeal statement attached.)
07/13/2005BriefFiled Reply Brief. 05-13969
11/22/2005Order/ProceduralFiled Order. We will waive the requirement that appellant file two certified copies of the case appeal statement in this court. We direct the clerk to detach the case appeal statement from the letter we received on June 24, 2005, and file both the letter and the case appeal statement. 05-23004
11/22/2005Letter/IncomingFiled Letter. from attorney Joseph S. Sciscento in response to order filed on June 6, 2005 (file-stamped copy of case appeal statement attached.) 11/22/05 Order: detached and filed CAS.jcr 05-12460
11/22/2005Notice of Appeal DocumentsFiled Case Appeal Statement. Copy filed in district court on October 6, 2004. 05-23005
01/10/2006Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. Oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. 06-00673
01/10/2006Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP06-MD/NB/RP
02/14/2006MotionReceived Proper Person Motion. Appellant's Request for Access to Court Records through Proper Person Pleadings. 02/15/06 order-fn1: filed the proper person Notice.jcr 06-03269
02/15/2006Order/ProceduralFiled Order. Regarding Proper Person Documents. On February 3, 2006, and February 14, 2006, appellant submitted proper person documents to this court. fn1[We direct the clerk to file these proper person documents.] As appellant is represented by counsel, we will take no action with respect to the proper person notice submitted on February 3, 2006, and we decline to grant appellant permission to file further documents in proper person. 06-03311
02/15/2006Other Incoming DocumentFiled Proper Person Document. Notice. 06-02539
02/15/2006MotionFiled Proper Person Motion. Appellant's Request for Access to Court Records through Proper Person Pleadings. 06-03269
02/16/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06-MD/NB/RP 06-03470
03/14/2006Order/ProceduralFiled Order. Regarding Proper Person Document. As we have already declined to allow appellant to file further documents in proper person, we direct the clerk to return, unfiled, the proper person document received on February 24, 2006. The clerk shall return, unfiled, any future proper person document submitted for filing. 06-05482
03/14/2006Other Returned Unfiled Document. Letter w/attached courtesy letter and exhibit received on February 24, 2006, to appellant Juan Mendoza.
03/15/2006RemittiturIssued Remittitur. 06-04564
03/15/2006Case Status Update Remittitur Issued/Case Closed.
03/24/2006RemittiturFiled Remittitur. Received by County Clerk on March 17, 2006. 06-04564