| Case Information: 40911 | |||
| Short Caption: | GARNER (EDWARD) VS. STATE | Court: | Supreme Court |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C187395 | Classification: | Criminal Appeal - Fast Track - Direct |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 02/10/2003 | Filing Fee | Filing Fee Waived. | ||
| 02/10/2003 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) | 03-02335 | |
| 02/10/2003 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: December 13, 2002 and December 17, 2002. Court Reporter: no name listed. Filed in district court on: February 6, 2003. | 03-02336 | |
| 02/18/2003 | Transcript | Filed Transcript. Proceedings: December 16, 2002. Court Reporter: Kris Cornelius. | 03-02699 | |
| 03/17/2003 | Motion | Filed Motion. | 03-04482 | |
| 03/17/2003 | Fast Track Brief | Filed Fast Track Statement. | 03-04483 | |
| 04/14/2003 | Motion | Filed Motion to Strike. Motion to Strike Fast Track Statement. | 03-06192 | |
| 06/19/2003 | Order/Procedural | Filed Order. Resolving Motions and Remanding for Limited Purpose of Appointment of New Counsel. Appellant's fast track counsel, Gabriel L. Grasso, has moved this court to withdraw as counsel in this appeal. Cause appearing, the motion is granted. This appeal is hereby remanded to the district court for the limited purpose of securing new counsel for appellant. The district court shall have 20 days from the date of this order within which to appoint new counsel to represent appellant in this appeal. Within 5 days from the district court's appointment of new counsel, the clerk of the district court 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 newly appointed counsel. Thereafter, counsel shall have 10 days within which to file a notice of appearance with the clerk of this court, and 30 days within which to file and serve a supplemental fast track statement of no more than 10 pages and an appropriate appendix. See, e.g., NRAP 3C(g). The supplemental fast track statement must contain appropriate citations to the appendix and transcript. The State shall have 20 days from the date of service of the supplemental fast track statement and appendix within which to file a fast track response, and any additional appendix the State may elect to file. In light of the above, the State's motion to strike the fast track statement previously filed by attorney Grasso is hereby denied as moot. fn1-[We note that attorney Grasso failed to file a fast track appendix as required by NRAP 3C(e)(2). Despite this failure, in the interest of judicial economy, this court has nonetheless granted Grasso's motion to withdraw, and has concluded that newly appointed counsel for appellant shall correct Grasso's deficiency by preparing and filing an appropriate appendix in compliance with NRAP 3C(e)(2), NRAP 30, and NRAP 32, containing, at the very least, the documents specified in NRAP 30.] | 03-10288 | |
| 07/14/2003 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on July 10, 2003 enclosing a copy of minute order. David J. Pancoast appointed as counsel. | 03-11860 | |
| 07/21/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: David J. Pancoast. | 03-12285 | |
| 07/25/2003 | Letter/Incoming | Filed Letter. (copy) addressed to Judge Saitta from the office of David Pancoast. He will be unable to represent appellant in this matter due to a recent hospitalization. He is requesting that another attorney be appointed. | 03-12590 | |
| 07/30/2003 | Motion | Filed Motion. | 03-12842 | |
| 08/12/2003 | Order/Procedural | Filed Order Granting Motion. of David J. Pancoast to withdraw as counsel for appellant filed July 30, 2003, and Remanding for Limited Purpose of Appointment of New Counsel. This appeal is remanded to the district court for the limited purpose of securing new counsel for appellant within 20 days from the date of this order. Within 5 days from the district court's appointment of new counsel, the clerk of the district court 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 or remand on appellant's newly appointed counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court, and 30 days to file and serve a supplemental fast track statement of no more than 10 pages and an appropriate appendix. The State shall have 20 days from the date of service of the supplemental fast track statement and appendix to file a fast track response, and any additional appendix the State may elect to file. | 03-13483 | |
| 08/18/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Joseph S. Sciscento. | 03-13753 | |
| 08/20/2003 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on August 15, 2003, enclosing a copy of minute order. Joseph Sciscentos as counsel for appellant. | 03-13995 | |
| 09/19/2003 | Motion | Filed Motion to Extend Time. | 03-15730 | |
| 09/29/2003 | Order/Procedural | Filed Order Granting Motion. filed September 19, 2003. Counsel for appellant shall have 30 days from the date of this order to file and serve the fast track statement and appendix. | 03-16176 | |
| 10/30/2003 | Fast Track Brief | Filed Fast Track Statement. | 03-18167 | |
| 10/30/2003 | Appendix | Filed Appendix to Fast Track Statement. | 03-18170 | |
| 11/03/2003 | Notice/Incoming | Filed Proof of Service. | 03-18235 | |
| 11/12/2003 | Fast Track Brief | Filed Fast Track Response. | 03-18820 | |
| 03/01/2004 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP04S-MS/RR/WM | 04-03793 | |
| 03/26/2004 | Remittitur | Issued Remittitur. | 04-04048 | |
| 03/26/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 04/09/2004 | Remittitur | Filed Remittitur. Received by County Clerk on March 29, 2004. | 04-04048 | |