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United States Court Cases

Nevada Supreme/Appellate Court Record

DOWNS (JIMMY) VS. STATE

Case Information: 40917
Short Caption:DOWNS (JIMMY) VS. STATECourt:Supreme Court
Related Case(s): 33672 , 34425 , 35460 , 40247 , 41114
Lower Court Case(s):Clark Co. - Eighth Judicial District - C151063Classification:Criminal Appeal - Other - Post-Conviction/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:04/10/2003How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
02/11/2003Filing Fee Filing Fee Waived.
02/11/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 03-02384
02/19/2003Order/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: 120 days. The record must include any previously prepared transcripts; the record shall not include exhibits. 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.] 03-02764
03/19/2003TranscriptFiled Transcript. Proceedings: 7/3/02. Court Reporter: Kit MacDonald. 03-04648
03/31/2003Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order/judgment of conviction filed in district court on: March 24, 2003. 03-05347
04/10/2003Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 8. 03-06089
04/10/2003Case Status Update Submitted for Decision.
05/19/2003TranscriptFiled Transcript. Proceedings: September 12, 2002. Court Reporter: Peggy Isom. 03-08431
12/31/2003Order/ProceduralFiled Order. Administratively Closing Appeal in Docket No. 41114. Docket No. 40917 is a proper person appeal from the district court's oral decision to deny appellant's post-conviction petition for a writ of habeas corpus. Docket No. 41114 is a proper person appeal from the district court's written order denying appellant's post-conviction petition for a writ of habeas corpus. Because appellant filed two separate notices of appeal, the clerk of this court inadvertently opened two separate cases. We direct the clerk of this court to administratively close Docket No. 41114 and transfer to Docket No. 40917 all documents received in and the record on appeal filed in Docket No. 41114. Nos. 40917/41114 – cases are not consolidated. 03-21709
12/31/2003Other Other. 12-31-03 ORDER: No. 41114 Administratively Closed. These original document transferred from No. 41114 to No. 40917. 03/20/03 Filing Fee Waived: Criminal. 03/20/03 Filed Certified Copy of proper person Notice of Appeal. Appeal docketed in the Supreme Court this day. (03-04815) 03/27/03 Issued Notice to Transmit Required Document. 3/24/03 Findings of Fact, Conclusions of Law and Order. Due Date: 10 days 04/04/03 Received Proper Person Document. Appellant's Memorandum in Support of Appeal. (03-05701) 04/11/03 Filed District Court Order/Judgment Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on: March 24, 2003. (03-06146) 04/17/03 Filed Order/Transmit Record Record due: 120 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.) fn1[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.] Nos. 39534/ 41011/ 41114/ 41151/ 41162 - cases are not consolidated. (03-06577) 05/19/03 Filed Certified Copy of Transcript. Proceedings: September 12, 2003. Court Reporter: Peggy Isom. (03-08430) 07/24/03 Record on Appeal (Copy). Vols. 1 through 9. (03-12543) 07/24/03 Submitted for decision on record. (No. 41114)
09/29/2004Order/DispositionalFiled Order of Affirmance. We conclude that Downs is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED." SNP04D-RR/WM/MD 04-18051
10/14/2004Other Returned Mail. Order of Affirmance addressed to Jimmy Downs returned. No forwarding address.
10/26/2004RemittiturIssued Remittitur. 12/01/04 ORDER: REMITTITUR RECALLED/CASE REOPENED. 04-18276
10/26/2004Case Status Update Remittitur Issued/Case Closed.
12/01/2004Order/ProceduralFiled Order. Recalling Remittitur. On September 29, 2004, this court entered an order affirming the district court's denial of appellant's post-conviction petition for a writ of habeas corpus. A copy of the order, which was mailed to appellant by the clerk of this court, was returned to this court on October 13, 2004. Acceptance of the mail delivery to appellant was apparently refused due to insufficient postage. On October 26, 2004, this court issued the remittitur. Thereafter, appellant addressed a letter to the Office of the Clerk, representing that he never received a copy of this court's Order of Affirmance of September 29, 2004. We have elected to treat appellant's letter as a motion to recall the remittitur. Cause appearing, we grant the motion and recall the remittitur in this appeal. Appellant shall have to and including December 20, 2004, within which to submit a petition for rehearing. If such a petition is not received in this court by that date, this court will again issue the remittitur and consider this appeal closed. 04-21830
12/01/2004RemittiturFiled Remittitur. Received by County Clerk on October 28, 2004. 04-18276
12/22/2004MotionReceived Proper Person Motion. Motion for Extension of Time to file Petition for Rehearing. 04-23346
01/04/2005Order/ProceduralFiled Order Granting Motion. filed December 22, 2004. fn1[The clerk of this court shall file the motion received in this court on December 22, 2004.] Appellant shall have to and including January 19, 2005, to file his petition for rehearing. If the petition for rehearing is not received in this court on or before that date, this court will again issue the remittitur and consider this appeal closed. 05-00212
01/04/2005MotionFiled Proper Person Motion. Motion for Extension of Time to file Petition for Rehearing. 04-23346
02/15/2005Order/ProceduralFiled Order Denying Motion. On September 29, 2004, this court entered an order of affirmance in this matter, and the remittitur issued on October 26, 2004. On December 1, 2004, this court recalled the remittitur and permitted appellant to have until December 20, 2004, to file a petition for rehearing. On January 4, 2005, this court granted appellant an additional extension to and including January 19, 2005, to file a petition for rehearing. The order noted that "[i]f a petition for rehearing is not received on or before that date, this court will again issue the remittitur and consider this appeal closed." On January 14, 2005, appellant submitted a second motion for extension of time to file a petition for rehearing. No good cause appearing, the motion is hereby denied. The clerk of this court shall re-issue the remittitur upon the filing of this order. 05-03005
02/15/2005RemittiturIssued Remittitur. 05-03057
02/15/2005Case Status Update Remittitur Issued/Case Closed.
02/18/2005Other Returned Unfiled Document. Original and three copies of the document entitled, "Petition for Rehearing."
03/02/2005Other Returned Unfiled Document. Original documents entitled, "Motion for Reconsideration" and "Petition for Rehearing."
03/04/2005RemittiturFiled Remittitur. Received by County Clerk on February 17, 2005. 05-03057