| Case Information: 44371 | |||
| Short Caption: | PIPER (PERRION) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 43887 , 46715 , 46841 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C197700 | 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: | 01/19/2005 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 12/10/2004 | Filing Fee | Filing Fee Waived. | ||
| 12/10/2004 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) | 04-22574 | |
| 01/04/2005 | Order/Procedural | Filed Order/Transmit Record. This is an appeal from an order of the district court denying appellant's post-conviction petition for a writ of habeas corpus. The district court's order dismissing the petition states that appellant was represented in the post-conviction proceedings by Robert M. Gardner. On December 10, 2004, this court mailed a notice to Gardner establishing a fast track briefing schedule. This court's further review of this appeal reviews that the district court order is incorrect, and that appellant was actually acting in proper person. This court therefore concludes that this appeal is not subject to the provisions of NRAP 3C. Accordingly, the parties shall disregard the notice sent on December 10, 2004, and Gardner is relieved of any obligation with regard to this appeal. Record due: 30 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.] | 05-00146 | |
| 01/19/2005 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 and 2. | 05-01182 | |
| 01/19/2005 | Case Status Update | Submitted for Decision. | ||
| 02/03/2005 | Order/Dispositional | Filed Order of Affirmance. Because appellant's petition was dismissed without prejudice, he can re-file his petition immediately, or wait and file a petition within one year from the issuance of the remittitur of this court's decision concerning his direct appeal. fn2[Any subsequent petitions will be subject to the procedural requirements set forth in NRS chapter 34.] We conclude that appellant is not entitled to relief and that briefing and oral argument are unwarranted. "ORDER the judgment of the district court AFFIRMED." SNP05-NB/RR/JH | 05-02235 | |
| 03/01/2005 | Remittitur | Issued Remittitur. | 05-02385 | |
| 03/01/2005 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 03/07/2005 | Remittitur | Filed Remittitur. Received by County Clerk on March 3, 2005. | 05-02385 | |