| Case Information: 42727 | |||
| Short Caption: | COOPER (MICHAEL) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 39608 , 43976 , 44181 , 48971 , 53744 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C177876 | Classification: | 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: | How Submitted: | ||
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 01/30/2004 | Filing Fee | Filing Fee Waived. | ||
| 01/30/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 04-02004 | |
| 02/19/2004 | Order/Procedural | 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. 42596/42609/42722/42726/42727. | 04-03193 | |
| 04/23/2004 | Motion | Received Proper Person Motion. Motion to Dismiss Appeal. | 04-07567 | |
| 05/07/2004 | Order/Procedural | Filed Order. Deferring Decision on Motion to Dismiss. Appellant has moved this court in proper person to dismiss this appeal so that the district court may consider appellant's petition for rehearing and conduct an evidentiary hearing. fn1[The clerk of this court shall file the proper person motion received in this court on April 23, 2004.] The motion is supported by a copy of the district court's minute entries of April 5, 2004, indicating that if this court dismisses the appeal, the district court may be inclined to reconsider its prior order and conduct an evidentiary hearing. It is unclear from the documents presently before this court precisely what the procedural posture of this matter is at this time in the district court or exactly how the district court intends to proceed if this court returns jurisdiction over this matter to the district court. fn2[In the district court's minute entries of April 5, 2004, District Judge Loehrer indicates that she sent a letter to the clerk of this court, Janette Bloom, on March 29, 2004, asking this court to suspend its review of this appeal until the district court has an evidentiary hearing. This court's files in this matter do not reflect that the clerk of this court ever received that letter.] We defer ruling on appellant's motion to voluntarily dismiss this appeal. The district court shall have 60 days from the date of this order within which to enter and transmit to this court a written order certifying whether it is inclined to grant appellant's petition for rehearing and conduct evidentiary proceedings on some or all of the claims presented in appellant's habeas petition. If the district court certifies that it is so inclined, this court will then remand this matter to the district court so that jurisdiction to conduct such proceedings will be properly vested in that court. This court's review of this appeal shall be suspended pending our receipt and consideration of the district court's order. | 04-08482 | |
| 05/07/2004 | Motion | Filed Proper Person Motion. Motion to Dismiss Appeal. | 04-07567 | |
| 05/19/2004 | Order/Incoming | Filed District Court Order. Copy of Order Re: Status of Post-Conviction Writ filed in district court on May 17, 2004. | 04-09320 | |
| 06/03/2004 | Order/Dispositional | Filed Order of Remand. We grant appellant's motion to voluntarily dismiss this appeal, and "we remand this appeal to the district court without prejudice to appellant's right, if aggrieved, to file a timely, separate notice appeal from any forthcoming order of the district court finally resolving appellant's claims." This order shall constitute our final resolution of this appeal. Any subsequent appeal shall be docketed as new and separate proceeding. fn1-[ We deny as moot appellant's proper person motion for reconsideration received in this court on May 26, 2004.] SNP04D-RR/WM/MD | 04-10184 | |
| 06/29/2004 | Remittitur | Issued Remittitur. | 04-10395 | |
| 06/29/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 08/04/2004 | Remittitur | Filed Remittitur. Received by County Clerk on July 1, 2004. | 04-10395 | |