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United States Court Cases

Nevada Supreme/Appellate Court Record

GEARY (MELVIN JOSEPH) VS. STATE (DEATH PENALTY)

Case Information: 33410
Short Caption:GEARY (MELVIN JOSEPH) VS. STATE (DEATH PENALTY)Court:Supreme Court
Lower Court Case(s):Washoe Co. - Second Judicial District - CR921588Classification:Criminal Appeal - Death Penalty - Direct
Disqualifications:MaupinCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/01/1998Filing Fee Filing Fee Waived.
12/01/1998Record on Appeal DocumentsFiled Record on Appeal. Vols. 1 through 25. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 98-00213
12/01/1998ExhibitFiled Exhibit (original). Placed in correspondence file. 98-00214
12/14/1998Letter/IncomingFiled Letter. Letter from John Reese Petty, Chief Deputy Public Defender, requesting guidance on how to proceed in this appeal. 98-00374
12/31/1998Letter/IncomingFiled Letter. Letter from John Reese Petty re: status of district court hearing. 98-00583
01/21/1999Order/ProceduralFiled 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
02/02/1999Letter/IncomingFiled Letter. Letter from John Reese Petty addresed to Chief Justice Rose requesting guidance on how to proceed. 99-00716
02/17/1999Order/ProceduralFiled 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
02/23/1999Notice/IncomingFiled Notice. Notice from attorney John Reese Petty enclosing copy of Order filed in district court on 2/18/99. 99-01237
03/03/1999Record on Appeal DocumentsFiled Record on Appeal. Volume 26. Mailed on: 3/2/99. 99-01506
03/10/1999MotionFiled 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
03/24/1999MotionFiled Response to Order to Show Cause. The State of Nevada's Response to Appellant's Waiver of Right to Appeal. 99-02105
04/26/1999Opinion/DispositionalFiled 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
05/14/1999MotionFiled Motion. Motion for Leave to Appear as Amicus and to Submit Suggestion for Rehearing on the Court's Own Motion. 99-03967
05/14/1999Post-Judgment PetitionReceived Petition for Rehearing. Suggestion for Rehearing on the Court's Own Motion. 99-03968
05/14/1999MotionReceived Proper Person Motion. Motion for Leave to Proceed in Proper Person 99-03969
05/14/1999MotionReceived Proper Person Motion. Proper Person Petition for Rehearing. 99-03970
05/24/1999MotionFiled 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
06/03/1999MotionFiled 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
06/11/1999MotionFiled Motion for Permission to File Document. 99-04967
06/11/1999MotionReceived Reply to Response. 99-04968
08/18/1999Other Incoming DocumentReceived Proper Person Document. Request for Leave to file Pleading in Proper Person. 99-07690
08/18/1999MotionReceived 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
09/02/1999MotionFiled Motion to Extend Time. Motion for Enlargement of Time. 99-08239
09/02/1999MotionFiled Motion to Strike. 99-08240
09/17/1999MotionReceived 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
09/17/1999MotionReceived Proper Person Response. Proper person Opposition to Motion to Strike. 99-08811
12/03/1999Post-Judgment OrderFiled 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
12/03/1999Other Returned Unfiled Document. Returned original with letter to the Federal Public Defender: Petition for Rehearing received 05/14/99. 99-03968
12/03/1999MotionFiled Proper Person Motion. Motion for Leave to Proceed in Proper Person. 99-03969
12/03/1999MotionFiled Proper Person Motion. Proper Person Petition for Rehearing. 99-03970
12/03/1999Other Returned Unfiled Document. Returned original with letter to the Washoe County District Attorney: Reply to Response to Motion. 99-04968
12/03/1999Other Returned Unfiled Document. Returned original with letter to Appellant Geary: Request for Leave to file Pleading in Proper Person. 99-07690
12/03/1999Other 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
12/03/1999Other 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
12/03/1999Other Returned Unfiled Document. Returned original with letter to Appellant Geary: Opposition to Motion to Strike. 99-08811
12/13/1999RemittiturIssued Remittitur. Returned Record on Appeal, Vols. 1 through 26 and Exhibits: Defendant's Exhibit DD - Defendant Geary's "I" File from NSP. 99-12546
12/13/1999Case Status Update Remittitur Issued/Case Closed.
12/20/1999Order/ProceduralFiled 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
12/20/1999Case 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.
02/29/2000Notice/IncomingFiled 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
04/28/2000Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied. (No action required.) 00-06995
06/05/2000Order/ProceduralFiled 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
06/05/2000RemittiturIssued 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
06/05/2000Case Status Update Remittitur Issued/Case Closed.
06/21/2000RemittiturFiled Remittitur. Received by County Clerk on June 15, 2000. 00-09426