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United States Court Cases

Nevada Supreme/Appellate Court Record

NEFF, III (JOHN) VS. STATE

Case Information: 42421
Short Caption:NEFF, III (JOHN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C134497Classification:Criminal Appeal - Fast Track - Post-Conviction
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
DateTypeDescriptionPending?Document
12/01/2003Filing Fee Filing Fee Waived.
12/01/2003Notice of Appeal DocumentsFiled 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.) 03-19969
01/05/2004MotionFiled Motion to Extend Time. 04-00239
01/16/2004Order/ProceduralFiled Order Granting Motion. filed January 5, 2004. Counsel has not filed a copy of a rough draft transcript request form in this court as required by NRAP 3C(d)(3). If counsel for appellant filed a rough draft transcript request form in the district court, counsel for appellant is directed to file 2 copies of that request form and proof of service in this court within 5 days of this order. If counsel for appellant did not file a rough draft transcript request form in the district court, counsel is ordered to file such a request form within 5 days of this order, and file 2 copies of the transcript request form and proof of service in this court within 10 days of this order. Appellant shall have 20 days from the filing of the transcripts in this appeal in which to file the fast track statement and appendix. 04-00982
01/27/2004Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 04/10/97, 04/11/97, 09/23/03, 10/14/03, and 10/23/03. Court Reporter: McDonald, Isom and Prock. Filed in district court on: 12/10/03. 04-01716
01/28/2004TranscriptFiled Transcript. Proceedings: April 10, 1997. Court Reporter: Kit MacDonald. 04-01773
02/09/2004MotionFiled Motion to Extend Time. Application for Extension of Time. 04-02513
02/13/2004Order/ProceduralFiled Order. On February 9, 2004, counsel for appellant filed a motion for an extension of time to file the fast track statement. Counsel informs this court that one of the requested transcripts has not yet been received. Specifically, the transcript of proceedings on April 11, 2003. fn1[Counsel informs this court that he has not received the transcripts of April 10, 2003, but this court notes that they were filed on January 28, 2004.] The rough draft transcript requests were filed in the district court on December 10, 2003, and the requested transcripts are overdue. Court reporter or recorder Kit MacDonald shall file the requested transcripts within 10 days of this order. Counsel informs this court that he has already received the other requested transcripts from court reporters Diann Prock and Peggy Isom. Those transcripts have not been filed in this court. Prock and Ison shall filed copies of the transcripts in this court within 10 days of the date of this order. On January 16, 2004, this court granted an extension of time for the filing of the fast track statement. That order directed counsel to file the fast track statement within 20 days of the filing of the requested transcripts. Because all the transcripts have not yet been filed, the fast track statement is not yet due. An extension is therefore not yet necessary, and the motion is denied. 04-02872
02/13/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: Continuance dated Tuesday, September 23, 2003 and Ruling dated Thursday, October 23, 2003. Court Reporter: Peggy Isom. 04-02874
03/18/2004TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 09/23/02 and October 23, 2003. Court Reporter: Peggy Isom. 04-05199
05/06/2004Order/ProceduralFiled Order. To date, court reporter Kit MacDonald has failed to respond to this court's February 13, 2004 order. MacDonald shall have 10 days to file the transcript from the April 11, 1997 hearing, or show cause why MacDonald should not be sanctioned. 04-08428
05/17/2004MotionFiled Motion for Excess Pages. Motion for Leave to File 15 Page Fast Track Statement. 04-09153
05/19/2004Order/ProceduralFiled Order Granting Motion. Appellant has filed a motion requesting permission to file a 15-page fast track statement. Cause appearing, the motion is granted. The clerk shall file the fast track statement and appendix received on May 13, 2004. Respondent shall have 20 days from the date of this order to file and serve the fast track response. 04-09272
05/19/2004Fast Track BriefFiled Fast Track Statement. 04-08937
05/19/2004AppendixFiled Appendix to Fast Track Statement. 04-08951
05/21/2004Notice/IncomingFiled Affidavit. Affdiavit: Timely Preparation of Transcript and Delivery. 04-09442
05/21/2004TranscriptFiled Transcript. Proceedings: April 11, 1997. Court Reporter: Kit MacDonald. 04-09443
05/27/2004Fast Track BriefFiled Fast Track Response. 04-09844
05/27/2004AppendixFiled Appendix to Fast Track Response. 04-09846
09/17/2004Order/ProceduralFiled Order. In the fast track response filed on May 27, 2004, the State argues that counsel for appellant, Deputy Public Defender Thomas W. Rigsby, "is no longer [appellant's] counsel." The record is not entirely clear on this point. We order Mr. Rigsby to inform this court within 20 days from the date of this order whether he is, in fact, counsel for appellant, and whether he was appointed by the district court to represent appellant or retained by appellant. 04-17233
09/27/2004MotionFiled Response to Order to Show Cause. Response to Order filed September 17, 2004. 04-17883
11/04/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn7[In its fast track response, the State argued that counsel for Neff, Deputy Public Defender Thomas W. Rigsby, "is no longer Neff's counsel," and asked this court for clarification. Pursuant to this court's order of September 17, 2004, Rigsby, both trial and appellate counsel for Neff, informed this court that, although Neff was in fact granted in forma pauperis status by the district court, Rigsby filed the instant habeas petition and appealed its denial because Neff asked him for help.] SNP04D-RR/WM/MD 04-20287
11/30/2004RemittiturIssued Remittitur. 04-20526
11/30/2004Case Status Update Remittitur Issued/Case Closed.
12/06/2004RemittiturFiled Remittitur. Received by County Clerk on December 2, 2004. 04-20526