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United States Court Cases

Nevada Supreme/Appellate Court Record

PEARSON (GAREN) VS. STATE

Case Information: 38098
Short Caption:PEARSON (GAREN) VS. STATECourt:Supreme Court
Related Case(s): 53471 , 63776
Lower Court Case(s):Clark Co. - Eighth Judicial District - C159932Classification:Criminal Appeal - Life - Direct
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:04/19/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/27/2001Filing Fee Filing Fee Waived.
06/27/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 01-10892
07/10/2001Docketing StatementFiled Docketing Statement. 01-11586
07/10/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/5/00; 11/20/00;. and 12/6/00. To Court Reporter: Tina Smith. 01-11588
07/10/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/6/99; 9/23/99; 12/1/99; 12/6/99; 1/20/00; 2/10/00 (Jeri Anderson); 8/10/00; 9/12/00; and 10/3/00. Court Reporters: Cathy Nelson and Jeri Anderson. 01-11589
07/10/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/20/00; 01/04/01; 03/15/01; trial commencing 3/19/01 and ending 3/28/01; and 5/25/01 (Janie Olsen). Court Reporters: Dina Dalton and Janie Olsen. 01-11590
07/18/2001TranscriptFiled Transcript. Proceedings: 10/5/00; 11/20/00;. and 12/6/00. Court Reporter: Tina Smith. 01-12191
10/09/2001TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 12/6/99. Court Reporter: Cat Nelson. 01-16998
10/11/2001MotionFiled Stipulation and Order. Brief due: November 19, 2001. 01-17175
11/19/2001MotionFiled Motion to Extend Time. 01-19326
11/19/2001Order/ProceduralFiled Order. To date, Ms. Anderson, Ms. Nelson, Ms. Dalton and Ms. Olsen have failed to file all transcripts requested of them. Accordingly, they shall have 20 days from the date of this order to prepare and file the transcripts requested of them. If more time is needed to complete the preparation of the transcripts, Ms. Anderson, Ms. Nelson, Ms. Dalton and Ms. Olsen shall, within the same time period, file a motion with this court requesting an extension of time stating the reason for the extension. If the requested transcripts cannot be produced, Ms. Anderson, Ms. Nelson, Ms. Dalton and Ms. Olsen shall notify this court, in writing, of this fact. 01-19329
11/20/2001Order/ProceduralFiled Order Granting Motion. filed November 19, 2001. Appellant shall file and serve the opening brief and appendix by February 19, 2002. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. 01-19438
12/03/2001TranscriptFiled Transcript. Proceedings: May 25, 2001. Court Reporter: Janie L. Olsen. 01-20240
12/07/2001TranscriptFiled Transcript. Proceedings: March 21, 2001 and March 22, 2001. Court Reporter: Dina Dee Dalton. 01-20621
02/20/2002MotionFiled Motion to Extend Time. 02-03224
02/25/2002TranscriptFiled Transcript. Proceedings: March 26, 2001. Court Reporter: Dina Dee Dalton. 02-03527
04/12/2002Order/ProceduralFiled Order. Within 20 days from the date of this order, Ms. Anderson shall prepare and file a certified copy of the transcript for proceedings conducted February 10, 2000; Ms. Nelson shall prepare and file certified copies of the transcripts for proceedings conducted on the following dates: July 6, 1999, September 23, 1999, December 1, 1999, January 20, 2000, August 10, 2000, September 12, 2000, and October 3, 2000; Ms. Dalton shall prepare and file certified copies of the transcripts for proceedings conducted on the following dates: December 20, 2000, January 4, 2001, March 15, 2001, March 19, 2001, March 20, 2001, March 27, 2001, and March 28, 2001. If Ms. Anderson, Ms. Nelson, or Ms. Dalton need additional time to prepare and file the transcripts, they shall file a motion with this court requesting an extension of time. If any of the transcripts cannot be produced, Ms. Anderson, Ms. Nelson, and Ms. Dalton shall inform this court in writing within 20 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions. On February 20, 2002, appellant filed a motion requesting a 90-day extension of time to file the opening brief. We grant the motion in part. Appellant shall have 60 days from the date of this order to file and serve the opening brief and appendix. 02-06552
05/16/2002TranscriptFiled Transcript. Proceedings: July 6, 1999; September 23, 1999; December 1, 1999; January 20, 2000; February 10, 2000; August 10, 2000; September 12, 2000; October 3, 2000. Court Recorders: Cat Nelson and Jeri Anderson. 02-08661
06/14/2002MotionFiled Motion to Extend Time. Application for Extension of Time and Order to Show Cause. 02-10342
07/31/2002Order/ProceduralFiled Order. Order Resolving Multiple Motions and Imposing Sanctions. To date, court reporter Dalton has failed to file the transcripts requested of her, or otherwise communicate with this court. Ms. Dalton shall, within 10 days from the date of this order, prepare and file certified copies of transcripts for the proceedings conducted on the following dates: December 20, 2000; January 4, 2001; March 15, 2001; March 19, 2001; March 20, 2001; March 27, 2001; and March 28, 2001. Additionally, we conclude that the imposition of sanctions is warranted for Ms. Dalton's failure to comply with our orders and NRAP 9(b). Accordingly, Ms. Dalton shall, within 15 days from the date of this order, pay sanctions in the amount of $100 to the Supreme Court Law Library and provide proof of such payment with this court. We caution Ms. Dalton that failure to comply timely with this order may result in the imposition of additional sanctions. On June 14, 2002, appellant filed a motion requesting an extension of time to file and serve the opening brief and appendix. Cause appearing, we grant the motion in part. Appellant shall have until August 12, 2002, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On May 17, 2002, appellant submitted a proper person motion requesting the removal of his appointed attorney. We note that appellant has not been granted leave to file documents in proper person. Nevertheless, we direct the clerk of this court to file the motion submitted on May 17, 2002. We deny appellant's motion to remove and substitute appellant's appointed counsel. 02-13134
07/31/2002MotionFiled Proper Person Motion. Appellant's Motion to Remove Present Counsel, and Approve Instatement of New Counsel. 02-08789
08/14/2002MotionFiled Motion. Motion for Remand for New Trial or in the Alternative Application for Extension of Time and Order to Show Cause. 02-13893
09/26/2002Order/ProceduralFiled Order. The motion for remand is denied. The motion for an extension of time is granted. Court reporter Dina Dalton shall have 10 days from the date of this order to file the missing transcripts or show cause why she should not be sanctioned further and held in contempt of this court. Appellant shall have 30 days from the filing of the transcripts to file the opening brief and appendix. 02-16720
10/10/2003MotionFiled Motion. Motion for Release of Appellant or in the Alternative Remand for New Trial and Order to Show Cause. 03-16903
02/10/2004Order/ProceduralFiled Order. Denying Motion, Directing the Clerk of the District Court to transmit Transcripts, and Establishing a Briefing Schedule. Because of serious delays in the preparation of the transcripts, appellant has moved this court for his release from custody, or in the alternative, for a new trial. The State has not opposed the motion. We have concluded that appellant's contentions regarding the denial of appellant's rights to due process and to a speedy resolution of his appeal should be raised and argued in appellant's opening brief on appeal. We deny the instant motion for release from custody or in the alternative for a new trial. The clerk of the district court shall have 20 days from the date of this order to transmit to the clerk of this court certified copies of any available transcripts of the district court proceedings conducted on the following dates: December 20, 2000, January 4, 2001, March 15, 2001, March 19, 2001, March 28, 2001, March 20, 2001 and March 27, 2001. Appellant shall have 45 days from the date of this order to file and serve an opening brief and appendix. The State shall have 30 days from the date of service of the opening brief to file and serve and answering brief and any appendix deemed necessary by the State. Appellant shall have 20 days from the date of service of the answering brief to file and serve a reply brief, if any. 04-02543
02/23/2004TranscriptFiled Transcript. Proceedings: 1/4/01; 3/15/01;3/19/01;3/20/01; 3/27/01; 3/28/01. Court Reporter: Dina Dalton. 04-03470
03/29/2004MotionFiled Motion and Order/Excess Pages. Motion for Leave to File 38 Page Brief (Opening Brief). Granted: 38 pages. 04-05852
03/29/2004BriefFiled Opening Brief. 04-05854
03/29/2004AppendixFiled Appendix to Opening Brief. Vols. 1 through 3. 04-05855
04/28/2004MotionFiled Stipulation and Order. Brief due: May 28, 2004. 04-07821
06/02/2004MotionFiled Motion to Extend Time. 04-10111
06/07/2004Order/ProceduralFiled Order Granting Motion. filed June 2, 2004. Respondent shall have until June 28, 2004, to file and serve the answering 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. 04-10444
06/30/2004BriefFiled Answering Brief. 04-12044
07/15/2004MotionFiled Stipulation and Order. Brief due: August 16, 2004. 04-12877
08/16/2004BriefFiled Reply Brief. 04-14785
08/23/2004Notice/IncomingReceived Proper Person Notice. Judicial Notice. 04-15257
09/27/2004OtherDisqualification of Justice Douglas. Sat in district court proceedings.
11/04/2004Order/ProceduralFiled Order. Denying Motions and Vacating Sanctions. Appellant has submitted 2 proper person documents. fn1[We direct the clerk of this court to file the documents received on August 23, 2004, and September 7, 2004. However, we decline to grant appellant permission to file additional documents in proper person. See NRAP 46(b).] In appellant's document entitled 'Withdrawal of Counsel and Remand for Appointment of Alternative Counsel,' appellant requests this court to appoint new counsel. We note that claims of ineffective assistance of counsel may not be raised in the first instance in this court. Accordingly, we conclude that there is no conflict of interest between appellant and his counsel of record and we deny his motion for the appointment of new counsel. In the document entitled 'Judicial Notice,' appellant lists 5 claims. It appears that appellant seeks to supplement the briefs with the claims listed in the notice. Because appellant is represented by counsel, to the extent that appellant seeks to supplement the briefs with the 'Judicial Notice,' we deny the request. This court will take no action with respect to the 'Judicial Notice.' Appellant shall proceed hereafter by and through counsel of record. The clerk shall return, unfiled, any future proper person document submitted for filing. On July 31, 2002, this court entered an order imposing sanctions against court reporter Dina Dalton in the amount of $100.00 for failing to comply with this court's orders. Because Ms. Dalton has since complied with this court's orders, we vacate that part of our July 31, 2002, order imposing sanctions against Ms. Dalton. 04-20351
11/04/2004Other Incoming DocumentFiled Proper Person Document. Judicial Notice. 04-15257
11/04/2004Other Incoming DocumentFiled Proper Person Document. Withdrawal of Counsel and Remand for Appointment of Alternative Counsel. 04-16206
02/08/2005Order/ProceduralFiled Order. Remanding for Reconstruction of Portion of Closing Argument. Several certified copies of transcripts, including that of proceedings held on March 27, 2001, were filed in this court on February 23, 2004. The March 27, 2001, transcript filed with this court does not contain the state's opening closing argument. This appeal is hereby remanded to the district court for the limited purpose of assembling and settling upon an adequate reconstruction of the state's opening closing argument conducted on March 27, 2001. Within 30 days from the date of this order, the district court shall conduct such proceedings as are necessary to settle upon and approve a reconstructed record of the state's opening closing argument conducted on March 27, 2001. Within 45 days of the date of this order, the district court shall file with the clerk of this court either an order setting forth the reconstructed portion of the March 27, 2001, transcript and the steps taken to reconstruct, settle, and approve it, or an order setting forth its findings as to why the missing portion of the transcripts cannot be reconstructed. 05-02589
03/14/2005Notice of Appeal DocumentsFiled District Court Order/Judgment. Certified copy of order - Findings of Fact Regarding Reconstruction of Portion of Closing Argument filed in district court on March 9, 2005. 05-05010
04/19/2005Order/ProceduralFiled Order/Submit on Briefs. Order Submitting for Decision Without Oral Argument. 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. NRAP 34(f)(1). 05-07599
04/19/2005Case Status Update Submitted for Decision. To the Southern Nevada Panel. SNP05-RR/MG/JH
04/29/2005Notice/OutgoingIssued Letter. to Clark Co. Clerk requesting "Instructions to the Jury" filed 3/28/01. 05-08515
06/15/2005Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. "ORDER the judgment of conviction AFFIRMED in part and REVERSED in part and REMAND this matter to the district court for proceedings consistent with this order." SNP05-RR/MG/JH 05-11715
07/01/2005MotionFiled Motion to Extend Time. 05-13109
07/13/2005Order/ProceduralFiled Order Granting Motion. filed July 1, 2005. Respondent shall have until August 4, 2005, to file and serve the petition. 05-13927
08/02/2005Post-Judgment PetitionFiled Petition for Rehearing. 05-15369
09/09/2005Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). SNP05-RR/MG/JH 05-17903
10/04/2005RemittiturIssued Remittitur. 05-17952
10/04/2005Case Status Update Remittitur Issued/Case Closed.
10/18/2005RemittiturFiled Remittitur. Received by County Clerk on October 6, 2005. 05-17952