| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/22/2002 | Filing Fee | Filing Fee Waived. | | |
| 11/22/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 02-20148
|
| 11/26/2002 | Notice/Outgoing | Issued Notice of Redesignation of Appeal/Fast Track. Upon further review, it has been determined that this is a Fast Track appeal. (Fast Track notice mailed to all counsel.) | | |
| 02/26/2003 | Order/Counsel | Filed Order/Sanctions. Order Removing David Lee Phillips as Counsel of Record and Referring Counsel to the State Bar of Nevada. We conclude that Mr. Phillip's continuing dilatory actions and neglect of his obligations to this court and his clients require his removal as counsel of record in the following appeals: Carlson v. State, No. 39243; Szczepanik v. State, No. 40068; Joseph v. State, No. 40249; and Szczepanik v. State, No. 40540. Because appellants should be represented by counsel, we remand these appeals to the district court for a determination of whether appellants are indigent. If the district court determines that appellants are indigent, it shall appoint new counsel to represent appellants in this court within 30 days of the date of this order. If the district court determines that appellants are not indigent, the district court shall forthwith inform appellants of its determination. Appellants shall each have 30 days from the date of the determination that he is not indigent within which to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court either (1) a copy of the written order of appointment of counsel, or of the minute order reflecting the date of appointment and the individual attorney appointed; or (2) a copy of the written or minute order determining that each appellant is not indigent. If counsel is appointed, the clerk of the district court shall serve copies of this order on the attorneys appointed to represent the appellants in each of these matters and provide proof of such service to the clerk of this court. Whether appointed or retained, all new counsel shall enter an appearance with the clerk of this court within 10 days of the date of their appointment or retention. Each counsel shall, within 10 days of the date of his or her appointment or retention, file on behalf of the appellant a transcript request form in compliance with NRAP 3C, or a certificate stating that no transcripts are required in this appeal. Further, counsel shall file the fast track statement and appendix within 60 days of his or her appointment. Thereafter, each of these appeals shall proceed in accordance with the provisions of NRAP 3C. We refer Phillips to the State Bar of Nevada for commencement of disciplinary proceedings to determine whether his performance in these matters complies with the Nevada Rules of Professional Conduct. Bar counsel shall have 90 days from the date of this order within which to inform this court of the status or results of the investigation and the disciplinary proceedings. This court shall review bar counsel's report to ensure that the discipline imposed is appropriate and sufficient. Docket Nos. 38123/ 38124/ 39243/ 40068/ 40249/ 40540 (not consolidated). | | 03-03169
|
| 02/26/2003 | Notice/Outgoing | Issued Letter. to State Bar re: Order Removing Phillips and Referring Counsel to State Bar entered this day; certified copies of all documents in correspondence file sent to State Bar. | | |
| 05/27/2003 | Notice/Incoming | Filed Status Report. Final Status Report from State Bar of Nevada re attorney David Lee Phillips. NOTE: This original document was placed in attorney Phillip's bar file. No copy was placed in the correspondence file for these cases. Nos. 38123, 38124, 39243, 40068, 40249, 40540. | | |
| 08/11/2003 | Order/Procedural | Filed Order. n February 26, 2003, this court entered an order remanding these appeals for the appointment of counsel. The district court was to appoint counsel to represent appellant on appeal within thirty days. The district court has apparently not entered an order as directed by this court. Accordingly, the district court is again directed to appoint counsel to represent appellant on appeal within thirty days of the date of this order. Within 5 days from the appointment of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have ten days within which to enter an appearance with the clerk of this court. Nos. 40068/40540 - not consolidated. | | 03-13344
|
| 08/22/2003 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on August 19, 2003, enclosing a copy of minute order. Christopher R. Oram is appointed as counsel for appellant. | | 03-14190
|
| 08/28/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Christopher R. Oram. | | 03-16543
|
| 10/08/2003 | Motion | Filed Motion to Extend Time. | | 03-16727
|
| 10/21/2003 | Order/Procedural | Filed Order Granting Motion. filed October 8, 2003. Counsel for appellant shall have 30 days from the date of this order to file and serve the fast track statement and appendix. | | 03-17490
|
| 11/26/2003 | Motion | Filed Motion to Extend Time. (second request-30 days requested) | | 03-19780
|
| 12/08/2003 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 10/21/02. Court Reporter: Tina Smith. Filed in district court on: December 1, 2003. | | 03-20423
|
| 12/15/2003 | Order/Procedural | Filed Order Granting Motion. filed November 26, 2003. Counsel for appellant shall have 20 days from the date of this order to file the fast track statement and appendix. Counsel for appellant is cautioned that further extensions will not be granted absent extreme and unforeseen circumstances. | | 03-20768
|
| 01/05/2004 | Motion | Filed Motion to Extend Time. | | 04-00171
|
| 01/15/2004 | Order/Procedural | Filed Order Granting Motion. filed January 5, 2004. Counsel for appellant shall have 30 days from the date of this order to file and serve the fast track statement and appendix. | | 04-00889
|
| 01/28/2004 | Transcript | Filed Transcript. Proceedings: 10/21/02. Court Reporter: Janice R. Liston. | | 04-01818
|
| 02/17/2004 | Motion | Filed Motion to Extend Time. | | 04-02931
|
| 02/17/2004 | Motion | Filed Motion to Consolidate. Motion to Consolidate Appeals for Briefing and Decision. Nos. 40068/40540/41252/41648. | | 04-02935
|
| 02/26/2004 | Order/Procedural | Filed Order. Docket No. 40068 is appellant's direct appeal. Docket Nos. 40540 and 41252 are appeals from orders of the district court denying motions to correct or vacate the sentence. Docket No. 41648 is an appeal from an order of the district court denying appellant's post-conviction petition for a writ of habeas corpus. Docket Nos. 40068 and 40540 are currently subject to the criminal fast track provisions of Nevada Rule of Appellate Procedure 3C. On February 17, 2004, appellant's counsel Christopher R. Oram filed a motion to consolidate all of these appeals for briefing and decision. Cause appearing, the motion is granted, and these appeals are consolidated. This court has concluded that full briefing is warranted. fn2[The district court record was filed in Docket No. 41252. Counsel need not file an appendix and may utilize the record on appeal previously filed in this court. Every reference in the briefs to matters of record must be supported by a citation to the page of the transcript or record where the matter is found. If a party's brief will cite to documents not previously filed in this court, the party must file and serve an appropriately documented supplemental appendix with the brief.] Oram shall have sixty (60) days from the date of this order within which to file and serve the opening brief. fn3[Transcripts have been filed in Docket No. 40540 and Docket No. 41648. Should either counsel cite to transcripts not previously prepared or filed in this court, counsel shall file and serve a request for the necessary transcripts pursuant to NRAP 9(a). If the necessary transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in a supplemental appendix without filing a transcript request form.] Thereafter, briefing shall proceed in accordance with the schedule set forth in NRAP 31. On February 17, 2004, Oram filed motions for an extension of time in which to file the fast track statements in Docket Nos. 40068 and 40540 and filed a motion in Docket No. 41648 for an extension of time in which to file the docketing statement. In light of this order, the motions for extensions filed on February 17, 2004, are denied as moot. Because appellant is represented by counsel in these appeals, the clerk of this court shall return to appellant unfiled all proper person documents received in this court in these appeals. Additionally, the clerk of this court shall neither receive nor file any further proper person documents in this matter. Appellant shall proceed hereafter only by and through his appointed counsel. Nos. 40068/ 40540/ 41252/ 41648. (04-03656) | | |
| 02/26/2004 | Notice/Outgoing | Issued Letter. to appellant Stephen Szczepanik. Returned unfiled, the original "Proper Person Motion for an Order to Show Cause why District Judge Hardcastle should not be held in Contempt for Refusal to Comply to this Court's 2/26/03 Order received on April 24, 2003 and the Letter dated July 29, 2003 in regards to appointed counsel received on August 5, 2003." | | |
| 04/27/2004 | Motion | Filed Motion and Order Extending Time. Brief due: May 26, 2004. Nos. 40068/40540/41252/41648 [04-07728] | | |
| 05/27/2004 | Brief | Filed Opening Brief. Nos. 40068/40540/41252/41648 (04-09777). | | |
| 05/27/2004 | Appendix | Filed Appendix to Opening Brief. Vols. 1 through 5. Nos. 40068/40540/41252/41648 (04-09778). | | |
| 06/29/2004 | Letter/Incoming | Received Proper Person Letter. Letter dated June 18, 2004. | | |
| 06/30/2004 | Notice/Outgoing | Issued Letter. to appellant Steve Szczepanik in response to letter dated June 18, 2004. | | |
| 06/30/2004 | Brief | Filed Answering Brief. Nos. 40068/40540/41252/41648 (04-12039). | | |
| 06/30/2004 | Appendix | Filed Appendix to Answering Brief. Nos. 40068/40540/41252/41648 (04-12040). | | |
| 07/29/2004 | Motion | Filed Motion and Order Extending Time. Brief due: August 30, 2004. Nos. 40068/40540/41252/41648 (04-13795). | | |
| 08/31/2004 | Motion | Filed Motion to Extend Time. Nos. 40068/40540/41252/41648. [04-15814] | | |
| 09/01/2004 | Order/Procedural | Filed Order Granting Motion. filed August 31, 2004. Appellant shall have until September 29, 2004, to file and serve the reply brief. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. Nos. 40068/ 40540/ 41252/ 41648. (04-15898) | | |
| 09/30/2004 | Brief | Filed Reply Brief. Nos. 40068/ 40540/ 41252/ 41648 (04-18093). | | |
| 11/02/2004 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein. Nos. 40068/ 40540/ 41252/ 41658. (04-20123) | | |
| 11/02/2004 | Case Status Update | Submitted for Decision. Nos. 40068/40540/41252/41648. | | |
| 03/03/2005 | Order/Dispositional | Filed Order of Affirmance. These are consolidated appeals from several district court orders in the same district court case. "ORDER the judgments of the district court AFFIRMED." NNP05-WM/MD/RP. Nos. 40068/40540/41252/41648. | | 05-04188
|
| 03/29/2005 | Remittitur | Issued Remittitur. | | 05-04648
|
| 03/29/2005 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/07/2005 | Remittitur | Filed Remittitur. Received by County Clerk on March 31, 2005. | | 05-04648
|