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United States Court Cases

Nevada Supreme/Appellate Court Record

MORALES (PAUL) VS. STATE

Case Information: 44643
Short Caption:MORALES (PAUL) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C201209Classification: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:03/24/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/07/2005Filing Fee Filing Fee Waived.
02/07/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 05-02410
02/08/2005Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 05-02533
02/17/2005Order/ProceduralFiled Order re: Transmit Judgment or Order and Record on Appeal. Certified copy of final order due: 30 days. Certified copy of the record on appeal due: 60 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). fn2[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.] 05-03194
02/22/2005Notice of Appeal DocumentsFiled District Court Order/Judgment. Filed via fax - no district court file stamp. 05-03534
03/02/2005Order/ProceduralFiled Order Denying Motion. and Rescinding Prior Order to transmit the Record on Appeal. On February 22, 2005, this court received a proper person motion to withdraw the appeal. Appellant does not assert that he does not wish to pursue an appeal. The notice of appeal submitted by appellant in proper person properly vested jurisdiction in this court. After entering an appearance in this court, appellant's appointed counsel, the Office of the Clark County Public Defender, may supplement or amend any perceived deficiencies in the notice of appeal. Appellant's proper person request to withdraw the appeal is hereby denied. On February 17, 2005, this court issued an order directing the district court to enter a written judgment of conviction. fn1[Although the clerk of this court has not yet received a certified, file-stamped copy of the judgment of conviction from the clerk of the district court, it appears that a written judgment of conviction was formally entered below on February 24, 2005. If the clerk of the district court has not yet done so, the clerk shall promptly transmit a certified, file-stamped copy of that judgment to the clerk of this court.] This court also directed the clerk of the district court to transmit the record on appeal. The directive to transmit the record on appeal was issued in error. Accordingly, that portion of this court's order of February 17, 2005, directing the clerk of the district court to transmit the record on appeal, is hereby rescinded. 05-04085
03/03/2005Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of Judgment of Conviction filed in district court on February 24, 2005. 05-04219
03/23/2005Order/ProceduralFiled Order. Directing Response. Our review of the documents before this court indicate that appellant was represented by the Clark County Public Defender in the proceedings below. To date no counsel has entered an appearance as counsel for appellant in this appeal. The Clark County Public Defender shall have 10 days from the date of this order to advise this court whether it will represent appellant in this appeal. 05-05700
04/01/2005Notice/IncomingFiled Notice of Appearance. Representing appellant: Mark S. Blaskey, Deputy Public Defender. (Docketing Statement mailed to counsel for appellant.) 05-06446
04/06/2005Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/03/04, 12/06/04, 12/07/04, and 01/27/05. To Court Reporters: J. Nelson, J. Orduna, and R. Silvaggio. 05-06707
04/06/2005Docketing StatementFiled Docketing Statement. 05-06709
04/22/2005Other Returned Mail. Order filed 03/23/05 addressed to Paul Morales returned. No forwarding address.
05/06/2005TranscriptFiled Transcript. Proceedings: Thursday, January 27, 2005, 9:00 a.m. - Sentencing. Court Reporter: Renee Silvaggio. 05-08944
05/11/2005TranscriptFiled Transcript. Proceedings: December 3, 2004. Court Reporter: Jackie Nelson. 05-09238
05/13/2005TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 12/06/04 and 12/07/04. Court Reporter: JoAnn Orduna. 05-09418
08/03/2005BriefFiled Opening Brief. 05-15434
08/03/2005AppendixFiled Appendix to Opening Brief. 05-15436
08/12/2005Order/ProceduralFiled Order. On April 6, 2005, appellant filed a transcript request form requesting court reporter JoAnn Orduna to produce transcripts for proceedings conducted on December 6, 2004, and December 7, 2004. On May 13, 2005, Ms. Orduna filed a rough draft copy of the requested transcripts. We note that because this appeal is not subject to NRAP 3C, the filing of rough draft transcripts rather than certified copies of the transcripts was improper. Nevertheless, in the interest of judicial economy, we waive the requirement of NRAP 9(b) for the filing of certified copies of the requested transcripts, unless either party objects, within 10 days from the date of this order, to the rough draft transcripts filed with this court 05-15985
09/02/2005BriefFiled Answering Brief. 05-17449
10/11/2005Case Status Update Briefing Completed. No reply brief filed.
10/11/2005BriefFiled Reply Brief. 05-20122
01/03/2006Notice/OutgoingIssued Letter. to Clark County Clerk regarding the transcript conducted on December 3, 2004 to be re-sent to the Supreme Court.
01/11/2006TranscriptFiled Transcript. Proceedings: 12/3/04. (Resubmitted by Clark Co. Clerk per this court's request.) 06-00772
03/24/2006Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Southern Nevada Panel as of the date of this order on the briefs filed herein. 06-06266
03/24/2006Case Status Update Submitted for Decision. SNP06-WM/MG/JM.
10/05/2006Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." Before Maupin, Gibbons and Hardesty, JJ. Author: Maupin, J. We concur: Gibbons and Hardesty, JJ. 122 Nev. Adv. Opn. No. 83. SNP06 06-20387
10/31/2006RemittiturIssued Remittitur. 06-21173
10/31/2006Case Status Update Remittitur Issued/Case Closed.
11/07/2006RemittiturFiled Remittitur. Received by County Clerk on November 2, 2006. 06-21173