| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 12/01/1998 | Filing Fee | Filing Fee Waived. | | |
| 12/01/1998 | Record on Appeal Documents | Filed Record on Appeal. Vols. 1 through 25. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 98-00213
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| 12/01/1998 | Exhibit | Filed Exhibit (original). Placed in correspondence file. | | 98-00214
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| 12/14/1998 | Letter/Incoming | Filed Letter. Letter from John Reese Petty, Chief Deputy Public Defender, requesting guidance on how to proceed in this appeal. | | 98-00374
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| 12/31/1998 | Letter/Incoming | Filed Letter. Letter from John Reese Petty re: status of district court hearing. | | 98-00583
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| 01/21/1999 | Order/Procedural | Filed Order Extending Time. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement or show cause why sanctions should not be imposed against counsel for appellant. | | 99-00431
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| 02/02/1999 | Letter/Incoming | Filed Letter. Letter from John Reese Petty addresed to Chief Justice Rose requesting guidance on how to proceed. | | 99-00716
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| 02/17/1999 | Order/Procedural | Filed Order. fn2 [Former District Judge Margaret M. Springgate presided over the most recent penalty hearing resulting in the sentence of death. District Judge James W. Hardesty presently presides in the department in which this matter apparently remains pending below]. fn3 [In light of Mr. Petty's prior letters seeking guidance, that show cause order on January 21, 1999, was unwarranted, and we hereby rescind it]. We remand this matter to the district court with the following instructions. Prior to conducting any further proceedings below, and within 10 days of the date of this order, the district court shall determine whether the Office of the Washoe County Public Defender may appropriately continue to represent appellant or whether the appointment of independent counsel is warranted. The clerk of the district court shall immediately advise this court of the date of the appointment and the name of the attorney appointed, serve a copy of this order on the attorney and provide this court with proof of service within 10 days of the appointment. The district court shall have 60 days from this order to conduct any appropriate evidentiary hearing and immediately upon the entry of the judgment and findings, shall transmit them to this court as a supplemental record. Counsel for Geary shall thereafter have 30 days to file points and authorities addressing the validity of Geary's waiver of his right to appeal; respondent shall have 20 days to file a response; appellant shall have 20 days to file a reply. | | 99-01067
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| 02/23/1999 | Notice/Incoming | Filed Notice. Notice from attorney John Reese Petty enclosing copy of Order filed in district court on 2/18/99. | | 99-01237
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| 03/03/1999 | Record on Appeal Documents | Filed Record on Appeal. Volume 26. Mailed on: 3/2/99. | | 99-01506
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| 03/10/1999 | Motion | Filed Response to Order to Show Cause. Memorandum of Points and Authorities Addressing the Validity of Appellant's Waiver of his Right to an Appeal | | 99-01676
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| 03/24/1999 | Motion | Filed Response to Order to Show Cause. The State of Nevada's Response to Appellant's Waiver of Right to Appeal. | | 99-02105
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| 04/26/1999 | Opinion/Dispositional | Filed Per Curiam Opinion. Judgment: "Affirmed." fn1[Having thoroughly reviewed the record in this matter, we conclude that further briefing and oral argument are not warranted]. fn2[The Honorable A. William Maupin, Justice, voluntarily recused himself from the decision of this matter]. Before the Court En Banc. RR/CY/MS/DA/ML/NB Per Curiam.115 Nev. Adv. Opn. No. 14. | | 99-03228
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| 05/14/1999 | Motion | Filed Motion. Motion for Leave to Appear as Amicus and to Submit Suggestion for Rehearing on the Court's Own Motion. | | 99-03967
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| 05/14/1999 | Post-Judgment Petition | Received Petition for Rehearing. Suggestion for Rehearing on the Court's Own Motion. | | 99-03968
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| 05/14/1999 | Motion | Received Proper Person Motion. Motion for Leave to Proceed in Proper Person | | 99-03969
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| 05/14/1999 | Motion | Received Proper Person Motion. Proper Person Petition for Rehearing. | | 99-03970
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| 05/24/1999 | Motion | Filed Motion to Strike. Motion to Strike Motion for Leave to Appear as Amicus and to Submit Suggestion for Rehearing on the Court's own Motion and Suggestion for Rehearing on the Court's own Motion. | | 99-04323
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| 06/03/1999 | Motion | Filed Response to Motion. Opposition to Motion to Strike Motion for Leave to Appear as Amicus and to Submit Suggestion for Rehearing on the Court's Own Motion. | | 99-04621
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| 06/11/1999 | Motion | Filed Motion for Permission to File Document. | | 99-04967
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| 06/11/1999 | Motion | Received Reply to Response. | | 99-04968
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| 08/18/1999 | Other Incoming Document | Received Proper Person Document. Request for Leave to file Pleading in Proper Person. | | 99-07690
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| 08/18/1999 | Motion | Received Proper Person Motion. Motion for Evidentiary Hearing Pursuant to SCR 250 on the issue of Prosecutorial Misconduct or in the Alternative, Motion for Summary Reversal of Appellant's Death Sentence. | | 99-07691
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| 09/02/1999 | Motion | Filed Motion to Extend Time. Motion for Enlargement of Time. | | 99-08239
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| 09/02/1999 | Motion | Filed Motion to Strike. | | 99-08240
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| 09/17/1999 | Motion | Received Proper Person Motion. Proper person Appellant Melvin Joseph Geary's Motion to Extend Time to File Response to the State of Nevada's Motion to Strike. | | 99-08803
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| 09/17/1999 | Motion | Received Proper Person Response. Proper person Opposition to Motion to Strike. | | 99-08811
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| 12/03/1999 | Post-Judgment Order | Filed Order/Rehearing Denied. Order Denying Rehearing. Because the FPD is not properly acting as counsel of record or as amicus curiae, we deny the FPD's motion to appear as amicus, and direct the clerk to return, unfiled, the FPD's "Suggestion for Rehearing on the Court's Own Motion." We deny the state's request to strike the FPD's motion to appear as amicus curiae. The motion shall remain part of the official record of this proceeding because Geary's proper person petition for rehearing specifically incorporates the motion by reference. We direct the clerk to file Geary's "Proper Person Motion for Leave to Proceed in Proper Person, and grant that motion for the limited purpose of permitting the filing of Geary's proper person petition for rehearing. The clerk shall file Geary's "Proper Person Petition for Rehearing." For the reasons stated below, we deny the petition. Although ineffective counsel claims based on a conflict of interest may be addressed on direct appeal, we conclude that in this case, the factual issues underlying Geary's claim should be resolved in the first instance in a post-conviction proceeding in the district court. We conclude that rehearing is not warranted on this basis. ". . . we deny rehearing." On August 18, 1999 Geary submitted another request for leave to file pleadings in proper person, along with a proper person motion. On September 2, 1999, the state filed a motion to strike the motion. fn5[The state filed a motion seeking a thirty-day extension to file a detailed opposition to the motion. We deny as moot the state's motion for an extension of time]. On September 17, 1999 Geary submitted additional proper person documents including an opposition to the state's motion to strike. We decline to consider these matters presented in Geary's motion for an evidentiary hearing at this time. The clerk shall return unfiled Geary's August 18, 1999, motion for an evidentiary hearing, his August 18, 1999 request to file the motion in proper person, and his proper person documents submitted to this court on September 17, 1999. This court will entertain no further proper person submissions regarding this matter. The remittitur shall issue seven days after entry of this order. fn6[The Honorable A. William Maupin, Justice, voluntarily recused himself from the decision of this matter]. En Banc. RR/CY/MS/DA/ML/NB | | 99-12078
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| 12/03/1999 | Other | Returned Unfiled Document. Returned original with letter to the Federal Public Defender: Petition for Rehearing received 05/14/99. | | 99-03968
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| 12/03/1999 | Motion | Filed Proper Person Motion. Motion for Leave to Proceed in Proper Person. | | 99-03969
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| 12/03/1999 | Motion | Filed Proper Person Motion. Proper Person Petition for Rehearing. | | 99-03970
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| 12/03/1999 | Other | Returned Unfiled Document. Returned original with letter to the Washoe County District Attorney: Reply to Response to Motion. | | 99-04968
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| 12/03/1999 | Other | Returned Unfiled Document. Returned original with letter to Appellant Geary: Request for Leave to file Pleading in Proper Person. | | 99-07690
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| 12/03/1999 | Other | Returned Unfiled Document. Returned original with letter to Appellant Geary: Motion for Evidentiary Hearing Pursuant to SCR 250 on the issue of Prosecutorial Misconduct or in the Alternative, Motion for Summary Reversal of Appellant's Death Sentence. | | 99-07691
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| 12/03/1999 | Other | Returned Unfiled Document. Returned original with letter to Appellant Geary: Appellant Melvin Joseph Geary's Motion to Extend Time to file Response to the State of Nevada's Motion to Strike. | | 99-08803
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| 12/03/1999 | Other | Returned Unfiled Document. Returned original with letter to Appellant Geary: Opposition to Motion to Strike. | | 99-08811
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| 12/13/1999 | Remittitur | Issued Remittitur. Returned Record on Appeal, Vols. 1 through 26 and Exhibits: Defendant's Exhibit DD - Defendant Geary's "I" File from NSP. | | 99-12546
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| 12/13/1999 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/20/1999 | Order/Procedural | Filed Order. On December 3, 1999, this court issued an order denying rehearing and on December 13, 1999, remittitur was issued. Appellant has informed us that he intends to apply to the United States Supreme Court for a writ of certiorari. We therefore recall the issuance of the remittitur and stay its issuance for a period of sixty days from the date of this order. If within that period the clerk of this court receives notice from the clerk of the United States Supreme Court that appellant has filed a petition for writ of certiorari, this stay shall continue in effect until final disposition of the certiorari proceeding. Otherwise, the clerk of this court shall issue the remittitur forthwith. fn1[In light of this order, we deny as moot appellant's motions received on December 13, 1999]. | | 99-12915
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| 12/20/1999 | Case Status Update | Remittitur Stayed. Recalled the issuance of the remittitur and stay its issuance for a period of 60 days from the date of this order. This stay shall continue in effect until final disposition of the certiorari proceeding. Otherwise, the clerk of this court shall issue the remittitur forthwith. | | |
| 02/29/2000 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of certioirari in the above entitled case was filed February 23, 2000, and placed on the docket February 24, 2000, as No. 99-8357. | | 00-03197
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| 04/28/2000 | Notice/Incoming | Filed Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. (No action required.) | | 00-06995
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| 06/05/2000 | Order/Procedural | Filed Order. On December 20, 1999, this court recalled the issuance of the remittitur in this matter pending final disposition of appellant's petition for a writ of certiorari in the Supreme Court of the United States. The Supreme Court denied appellant's petition on April 24, 2000. We direct the clrk of this court to issue the remittitur in this matter, forthwith. | | 00-09346
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| 06/05/2000 | Remittitur | Issued Remittitur. Record on Appeal, Vols. 1 through 26 and Exhibits: Defendant's Exhibit DD - Defendant Geary's "I" File from NSP returned December 13, 1999. | | 00-09426
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| 06/05/2000 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 06/21/2000 | Remittitur | Filed Remittitur. Received by County Clerk on June 15, 2000. | | 00-09426
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