| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/15/2002 | Filing Fee | Filing Fee Waived. | | |
| 11/15/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | | 02-19735
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| 11/15/2002 | Notice/Outgoing | Issued Notice to Provide Proof of Service. Due date: 10 days. | | |
| 12/18/2002 | Order/Procedural | Filed Order. Appellant has failed to comply with this court's notice of November 15, 2002. Appellant shall, within 10 days from the date of this order, file proof of service of the notice of appeal and case appeal statement. | | 02-21605
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| 01/08/2003 | Motion | Filed Motion to Extend Time. | | 03-00410
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| 01/14/2003 | Docketing Statement | Received Docketing Statement. Received Original Copy. | | 03-00411
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| 01/16/2003 | Order/Procedural | Filed Order Granting Motion. filed January 8, 2003. The clerk of this court shall file the docketing statements received on January 8, 2003, and January 14, 2003. | | 03-00826
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| 01/16/2003 | Docketing Statement | Filed Docketing Statement. | | 03-00411
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| 02/14/2003 | Order/Procedural | Filed Order. On November 8, 2002, appellant filed the notice of appeal and the case appeal statement in the district court. However, these documents were not accompanied by proof of service. See NRAP 3(a)(1), NRAP 3(d) and NRAP 25(d). On November 15, 2002, this court issued a notice that directed appellant to file proof of service of these documents by November 25, 2002. On December 18, 2002, this court entered an order that directed appellant to file the proof of service by December 30, 2002. To date, appellant has failed to comply with either this court's notice or this court's order. Appellant shall, within 10 days from the date of this order, file and serve proof of service of the notice of appeal and case appeal statement or show cause why sanctions should not be imposed against appellant's counsel. As this appeal was docketed in this court on November 15, 2002, a transcript request form or certificate indicating that no transcripts are being requested was due to be filed by December 2, 2002. To date, appellant has failed to file either a transcript request form or certificate indicating that no transcripts are being requested. Appellant shall, within 10 days from the date of this order, file and serve either a transcript request form or certificate indicating that no transcripts are being requested. See NRAP 9(a)(3). If appellant does not intend to rely on any transcripts in this appeal, appellant shall file and serve a certificate indicating that no transcripts are requested. See NRAP 9(a). If appellant intends to cite in the opening brief to transcripts that were prepared and filed in the district court prior to the docketing of this appeal, appellant should include copies of these transcripts in the appendix and file and serve a certificate indicating that no new transcripts are requested. See NRAP 9(a), NRAP 10(b), and NRAP 30(b)(1). If, however, appellant intends to cite to transcripts that were not prepared and filed in the district court prior to the docketing of this appeal, appellant should file and serve a transcript request form identifying the necessary transcripts. See NRAP 9(a). | | 03-02568
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| 02/19/2003 | Notice/Incoming | Filed Notice. Notice of Service of Process of Notice of Appeal and Case Appeal Statement and Notice that all Transcripts have been Prepared at the District Court. | | 03-02811
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| 04/02/2003 | Order/Procedural | Filed Order. Order to file Opening Brief and Appendix. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix. Respondent shall, within 30 days from service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days from service of the answering brief. | | 03-05500
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| 04/16/2003 | Motion | Filed Motion to Extend Time. | | 03-06505
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| 04/25/2003 | Order/Procedural | Filed Order Granting Motion. filed April 16, 2003. Appellant shall have until June 16, 2003, to file and serve the opening brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-07085
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| 07/03/2003 | Order/Procedural | Filed Order. On April 16, 2003, appellant filed a motion for a 60-day extension of time, until June 16, 2003, to file the opening brief and appendix. This court granted the motion on April 26, 2003. To date appellant has failed to file these documents. We again direct appellant to file the opening brief and appendix within 10 days from the date of this order or show cause why this court should not impose sanctions, including removal as counsel in this appeal and referral to the State Bar of Nevada for investigation. | | 03-11150
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| 07/10/2003 | Motion | Filed Motion to Extend Time. | | 03-11628
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| 07/25/2003 | Order/Procedural | Filed Order Granting Motion. filed July 10, 2003. Appellant shall have until August 13, 2003, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. | | 03-12597
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| 10/10/2003 | Order/Procedural | Filed Order/Show Cause. Attorney Lindsay shall have ten (10) days from the date of this order within which to file and serve the opening brief and appendix or show cause why this court should not remove him as counsel of record, remand this appeal to the district court for the limited purpose of appointing new counsel to represent appellant, and refer Lindsay to the State Bar for the commencement of disciplinary proceedings. | | 03-16871
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| 11/03/2003 | Motion | Filed Response to Order to Show Cause. Appellant David Middleton's Response to Sanctions. | | 03-18302
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| 11/24/2003 | Order/Procedural | Filed Order. Granting Extension. On November 3, 2003, approximately two weeks late, Mr. Lindsay submitted a response to this court's show cause order. We grant Mr. Lindsay one final extension of time to and including December 1, 2003, to file and serve the opening brief and appendix. | | 03-19588
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| 12/23/2003 | Motion | Filed Motion to Extend Time. Appellant David Middleton's Motion for Filing of Opening Brief in Excess of 30 Pages and 21 Days Late. | | 03-21376
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| 12/23/2003 | Motion | Filed Motion to Extend Time. Appellant David Middleton's Motion for Filing of Appendix Next Week. | | 03-21377
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| 01/21/2004 | Order/Procedural | Filed Order. Denying Motions, Directing Return of Proposed Brief, and Directing Counsel to File and Serve an Amended Brief and Appendix. This is an appeal from an order denying a post-conviction petition for a writ of habeas corpus in a capital case. Appellant's counsel of record, Robert Bruce Lindsay, has moved this court to file an untimely 88-page opening brief. Counsel has also requested an extension of time within which to file and serve the appendix. This court has concluded that an opening brief of not more than 80 pages will provide appellant with an 'ample and fair opportunity to obtain an adjudication on the merits.' Accordingly, permission to file the untimely 88-page opening brief is denied. The clerk of this court shall return the brief provisionally submitted by counsel on December 23, 2003, unfilled. Counsel shall have to and including February 6, 2004, to file and serve an amended opening brief of not more that 80 pages and an appropriate appendix. fn2[In light of this determination, the motion for an extension of time to file and serve the appendix is denied as moot.] No transcripts have thus far been provided to this court in this appeal by a court reporter pursuant to NRAP 9. Thus, appellant's appendix should include copies of all relevant transcripts presently on file in the district court which will be referenced in appellant's opening brief. Appellant's opening brief and appendix were initially due on March 17, 2003, approximately 10 months ago. Although we are sympathetic to the medical difficulties that counsel represents have contributed to the extensive delay in the filing of the opening brief and appendix, we are nonetheless troubled by counsel's evident inability to timely comply with this court's rules and directives. fn5[We note that SCR 166(1)(b) provides that a lawyer shall withdraw from the representation of a client when '[t]he lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client.'] This court will tolerate no further unexplained delay. If counsel fails to file and serve the amended opening brief and appendix by February 6, 2004, and makes no effort to communicate cause to this court for any such delay on or before that date, this court will remove Mr. Lindsay as counsel of record and refer him to the State Bar of Nevada for the commencement of disability proceedings. | | 04-01224
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| 01/21/2004 | Notice/Outgoing | Issued Letter. to attorney Robert Bruce Lindsay. Returned unfiled, the original and four copies of "Appellant David Middleton's Opening Brief received on December 23, 2003." | | |
| 02/11/2004 | Brief | Filed Opening Brief. | | 04-02651
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| 02/11/2004 | Appendix | Filed Appendix to Opening Brief. Vol. 1 through 11. | | 04-01236
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| 03/08/2004 | Motion | Filed Motion to Extend Time. | | 04-04377
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| 03/17/2004 | Order/Procedural | Filed Order Granting Motion. filed March 8, 2004. Respondent shall have until April 12, 2004, to file and serve the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 04-05004
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| 04/13/2004 | Motion | Filed Motion and Order/Excess Pages. Motion for Leave of Court to File Brief in Excess of Thirty Pages. Granted: 32 pages. | | 04-06801
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| 04/13/2004 | Brief | Filed Answering Brief. | | 04-06803
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| 04/13/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-06804
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| 05/17/2004 | Motion | Filed Motion to Extend Time. | | 04-09126
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| 05/20/2004 | Order/Procedural | Filed Order Granting Motion. filed May 17, 2004. Appellant shall have until June 14, 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. | | 04-09358
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| 06/24/2004 | Motion | Filed Motion to Extend Time. Appellant David Middleton's Second Request for Thirty Day Extension to File Reply Brief. | | 04-11570
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| 07/02/2004 | Order/Procedural | Filed Order Denying Motion. filed June 24, 2004. Appellant's counsel requests a 30 day extension of time to file and serve the reply brief. The briefing of this appeal has already been substantially delayed by Lindsay's inability to adhere to the briefing schedule applicable to this appeal. Accordingly, the motion is denied. Unless Lindsay files and serves the reply brief within 10 days from the date of this order, this appeal shall stand submitted for decision on the opening and answering briefs alone. | | 04-12159
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| 07/12/2004 | Motion | Filed Motion and Order/Excess Pages. Appellant David Stephen Middletons' Motion to File Brief in Excess of Thirty (30) Pages. Granted: 49 pages. | | 04-12677
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| 07/12/2004 | Brief | Filed Reply Brief. | | 04-12678
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| 07/12/2004 | Case Status Update | Submitted for Decision. | | |
| 10/14/2004 | Opinion/Dispositional | Filed Per Curiam Opinion. "Vacated and remanded with instructions." We remove attorney Robert Bruce Lindsay as appellant David Middleton's post-conviction counsel, vacate the district court order denying Middleton's habeas corpus petition, and remand this appeal with instructions to appoint new counsel to represent Middleton and reinitiate post-conviction proceedings in the district court. fn3[Because the Washoe County Public Defender represented Middleton in his direct appeal and because post-conviction claims respecting that representation may again be presented below, the Washoe County Public Defender should not be appointed as Middleton's new post-conviction counsel.] Lindsay's performance in this appeal falls far short of this requirement, and we are therefore compelled to sua sponte remove him as Middleton's post-conviction appellate counsel. We further prohibit Lindsay from practicing before this court in any future cases without this court's express prior authorization, and we refer him to the State Bar of Nevada for disability or disciplinary proceedings regarding his performance. fn18[Lindsay may continue as counsel for the appellants in two cases presently pending before this court: White v. State, Docket No. 43223, and Fiel v. State, Docket No. 43709.] The district court shall take appropriate, reasonable steps to expedite the proceedings. Rose, Maupin and Douglas, JJ. Author: Per Curiam. 120 Nev. Adv. Opn. No. 74. SNP04D | | 04-19017
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| 11/04/2004 | Notice/Incoming | Filed Notice of Appointment of Counsel. Nathalie Huynh is appointed as counsel for appellant. | | 04-20347
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| 11/09/2004 | Remittitur | Issued Remittitur. | | 04-19638
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| 11/09/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 11/24/2004 | Order/Incoming | Filed District Court Order. Filed certified copy of order filed in district court on November 2, 2004 appointing Natalie Huynh as counsel for appellant. | | 04-21628
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| 12/01/2004 | Remittitur | Filed Remittitur. Received by County Clerk on November 10, 2004. | | 04-19638
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| 01/07/2005 | Notice/Incoming | Filed Status Report. Investigative Report from State Bar of Nevada re attorney Robert Lindsay. NOTE: This original document was placed in attorney Lindsay's bar file. No copy was placed in the correspondence file for this case. | | |
| 10/16/2006 | Notice/Incoming | Filed Status Report. Investigative Report from State Bar of Nevada re attorney Robert Bruce Lindsay. NOTE: This original document was placed in attorney Lindsay's bar file. No copy was placed in the correspondence file for this case. | | |