| Case Information: 39120 | |||
| Short Caption: | MONTGOMERY (JACOB) VS. STATE C/W 39206/39536 | Court: | Supreme Court |
| Consolidated: | 39120*, 39206 , 39536 | Related Case(s): | 39206 , 39536 |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C170594 | Classification: | Criminal Appeal - Other - Post-Conviction/Proper Person |
| Disqualifications: | Gibbons | Case Status: | Remittitur Issued/Case Closed |
| Replacement: | Justice Agosti for Justice Gibbons | Panel Assigned: | Panel |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 07/05/2002 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 01/25/2002 | Filing Fee | Filing Fee Waived. | ||
| 01/25/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 02-01777 | |
| 03/12/2002 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due: 120 days. fn1[The records shall not include any exhibits filed in the district court.] Nos. 38965/39120/39125/39171/39183/39194-cases are not consolidated. | 02-04453 | |
| 07/05/2002 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 and 2. | 02-11523 | |
| 07/05/2002 | Case Status Update | Submitted for Decision. | ||
| 07/01/2003 | Order/Procedural | Filed Order. If the transcripts of the hearing conducted on August 21, 2001, February 1, 2001, February 2, 2001, April 3, 2001, and April 10, 2001, have already been prepared, the clerk of the district court shall have 10 days from the date of this order to transmit to the clerk of this court certified copies of the transcripts as a supplemental record on appeal. If the transcripts have not already been prepared, the district court shall order the prompt preparation of the transcripts. The clerk of the district court shall have 10 days from the date the completed transcripts are filed in the district court to transmit to the clerk of this court certified copies of the transcripts as a supplemental record on appeal. The clerk of the district court shall transmit to the clerk of this court within 10 days as a supplemental record a coy of the presentence investigation report placed in a sealed envelope identifying the contents and marked confidential. | 03-11020 | |
| 07/11/2003 | Record on Appeal Documents | Filed District Court Documents. Confidential Pre-Sentence Investigation Report. (in red envelope) | 03-11718 | |
| 07/21/2003 | Transcript | Filed Transcript. Proceedings: August 21, 2003. Court Recorder: Liz Garcia. | 03-12292 | |
| 07/21/2003 | Letter/Incoming | Filed Letter. from Janice R. Liston, Sr. Court Recorder. The hearing conducted on 2/1/01, 2/2/01, 4/3/01 and 4/10/01 were heard by Judge Gibbons, who is no longer the district judge in Dept. VII. She forwarded the July 1, 2003 order to Department VII in the hopes they will be able to locate the court reporter. | 03-12294 | |
| 07/23/2003 | Other | Disqualification of Justice Gibbons. Sat in district court proceedings. | ||
| 07/24/2003 | Transcript | Filed Transcript. Proceedings: 4/3/02. Court Reporter: Patsy K. Smith | 03-12564 | |
| 08/19/2003 | Transcript | Filed Transcript. Proceedings: February 2, 2001. Court Reporter: Maureen Schorn. | 03-13803 | |
| 09/09/2003 | Transcript | Filed Transcript. Proceedings: April 10, 2001. Court Reporter: Marcia Harness. | 03-15117 | |
| 11/13/2003 | Order/Procedural | Filed Order. Directing Transmission of Transcripts. This court has received all of the documents requested with the exception of a transcript for the hearing conducted on February 1, 2001. This court again directs that if the transcript of the February 1, 2001 hearing has already been prepared, the clerk of the district court shall have 10 days from the date of this order to transmit to the clerk of this court a certified copy of the transcript as a supplemental record on appeal. If the transcript has not already been prepared, the district court shall order the prompt preparation of the February 1, 2001 transcript and shall have 10 days from the date the completed transcript is filed in the district court to transmit to the clerk of this court a certified copy of the transcript as a supplemental record on appeal. | 03-18908 | |
| 12/18/2003 | Transcript | Filed Transcript. Proceedings: February 1, 2001. Court Reporter: Patsy K. Smith. | 03-21070 | |
| 12/31/2003 | Transcript | Filed Transcript. Proceedings: 2/1/01; 2/2/01; 4/3/1; 10/1/01; 8/21/01. Court Reporters: Patsy K. Smith; Maureen Schorn; Marcia Harness; Liz Garcia. (submitted in response to order filed 11/13/03). | 03-21728 | |
| 01/13/2004 | Order/Procedural | Filed Order/Show Cause. The State shall have 30 days from the date of this order to show cause why this appeal should not be remanded to the district court for an evidentiary hearing to determine whether or not counsel's performance fell below an objective standard of reasonableness. | 04-00779 | |
| 01/28/2004 | Motion | Filed Response to Order to Show Cause. | 04-01840 | |
| 02/19/2004 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part and Remanding. We elect to consolidate these appeals for disposition. We conclude that briefing and oral argument are unwarranted. ORDER the judgment of the district court in Docket No. 39120 'AFFIRMED IN PART AND REVERSED IN PART AND REMAND this matter to the district court for proceedings consistent with this order.' ORDER the judgments of the district court in Docket Nos. 39206 and 39536 AFFIRMED. fn28[We have considered all proper person documents filed or received in these matters. We conclude that appellant is entitled only to the relief described herein. This order constitutes our final disposition of these appeals. Any subsequent appeal shall be docketed as a new matter.] NNP04S-MS/NB/DA. Nos. 39120/ 39206/ 39536. | 04-03168 | |
| 03/03/2004 | Other | Returned Mail. Order filed 02/19/04 addressed to Jacob Montgomery returned. No forwarding address. Nos. 39120/39206/39536. | ||
| 03/16/2004 | Remittitur | Issued Remittitur. | 04-03416 | |
| 03/16/2004 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 03/29/2004 | Remittitur | Filed Remittitur. Received by County Clerk on March 18, 2004. | 04-03416 | |
| 03/30/2004 | Other | Returned Mail. Remittitur addressed to Jacob Montgomery returned. No forwarding address. Nos. 39120/39206/39536. | ||