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United States Court Cases

Nevada Supreme/Appellate Court Record

NELSON (WILLIAM) VS. STATE

Case Information: 32618
Short Caption:NELSON (WILLIAM) VS. STATECourt:Supreme Court
Related Case(s): 33788 , 36061 , 36221 , 36231
Lower Court Case(s):Clark Co. - Eighth Judicial District - C134554Classification:Criminal Appeal - Life - Direct
Disqualifications:LeavittCase Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:04/30/2002How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/29/1998Filing Fee Filing Fee Waived.
06/29/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.
07/16/1998Order/ProceduralFiled Case Processing Order. Entry of written Judgment and Designation of Counsel. The district court shall have 30 days from the date of this order to: (1) enter a written judgment of order or (2) inform this court that it is reconsidering its decision. The clerk of the district court shall immediately transmit a certified copy of the judgment or order to the clerk of this court. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) transmit to this court a copy of the district court's written or minute order; and (2) serve a copy of this court's order on appellant's counsel. Thereafter, counsel shall have 10 days to enter an appearance with the clerk of this court. fn2[All filing deadlines shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court.]
07/29/1998Other Incoming DocumentReceived Proper Person Document. Affidavit in Support of Motion to Proceed on appeal in Forma Pauperis (Received the original only). RETURNED UNFILED 5/26/99
07/29/1998Other Incoming DocumentReceived Proper Person Document. Appellant's Opening Brief (Received the original only). RETURNED UNFILED 5/26/99
07/29/1998Other Incoming DocumentReceived Proper Person Document. Appellant's Appendix (Received the original only). RETURNED UNFILED 5/26/99
08/24/1998Other Other. Filed Certified Copy of Judgment of Conviction filed in district court on August 10, 1998.
09/24/1998Notice/IncomingFiled Notice. Notice of Appointment of Counsel filed in district court on September 21, 1998. Clarence Gamble appointed as counsel for appellant.
05/26/1999Order/ProceduralFiled Case Processing Order. Attorney Clarence Gamble shall have 10 days from the date of this order to enter an appearance in this court. All filing deadlines shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court. fn1[Appellant will be represented by counsel. We direct the clerk to return unfiled appellant's proper person affidavit, opening brief, and appendix received on July 29, 1998. Appellant shall hereafter proceed by and through counsel and shall address all concerns relating to this appeal to attorney Gamble].
05/26/1999Other Other. Returned unfiled with letter to appellant Nelson: original proper person Affidavit in Support of Motion to Proceed on appeal in Forma Pauperis; Appellant's Opening Brief; Appellant's Appendix.
07/30/1999Order/ProceduralFiled Case Processing Order. This court again orders attorney Gamble to enter an appearance in this court within 10 days from the date of this order. All filing deadlines shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court. Failure to comply with this order may result in the imposition of sanctions.
08/09/1999Notice/IncomingFiled Notice. Notice of Appearance. Clarence E. Gamble, Esq., appointed by the District Court. (Docketing Statement mailed to counsel for appellant).
08/09/1999MotionFiled Motion. Withdraw as Attorney of Record for Defendant.
09/22/1999Order/ProceduralFiled Case Processing Order. Attorney Gamble shall have 20 days from the date of this order to supplement the motion to withdraw as counsel of record. This court defers ruling on the motion until after receipt and consideration of the supplement. This court suspends the filing deadlines set forth in NRAP 9, 14 and 31(a)(1), pending further order of this court.
11/19/1999Order/ProceduralFiled Case Processing Order. This court again directs Gamble to file a response with 20 days of this order. This court notes that Gamble has repeatedly refused to comply with this court's orders. Therefore, in the response, Gamble shall show cause why sanctions should not be imposed against him.
12/17/1999MotionFiled Response to Order to Show Cause. Reply to the Order of the court Regarding Withdrawal of Counsel. Mailed on: 12/14/99.
12/30/1999Other Incoming DocumentReceived Proper Person Document. Motion for Declaratory Judgment/and for Court to take Judicial Notice. (Received original only).
04/14/2000Order/ProceduralFiled Order Granting Motion. We grant Gamble's motion to withdraw as attorney of record. We remand this matter to the district court for the appointment of new counsel. The district court shall have 20 days from the date of this order within which to appoint counsel to represent appellant in this direct appeal. Within 5 days from the appointment of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have 10 days within which to file a notice of appearance with the clerk of this court. Fn3[Although appellant has not been granted permission to file documents in this matter in proper person, we have received and considered appellant's proper person motion submitted on December 20, 1999. Appellant will be represented by counsel in this appeal. Accordingly, appellant shall hereafter proceed by and through counsel, and shall direct all concerns relating to this appeal to his appointed counsel. 00-06044
07/11/2000Order/ProceduralFiled Order. Due Dates: Appoint counsel 20 days. From appointment: enter appearance 10 days. fn2[All filing deadlines shall commence to run from the date on which counsel is required, under this order, to enter an appearance in this court. 00-11804
07/17/2000Letter/IncomingFiled Letter. via fax from secretary to Judge Sobel stating that on May 22, 2000, Judge Sobel appointed JoNell Thomas to represent Mr. Nelson. Enclosed copy of minute order. 00-12414
08/31/2000Order/ProceduralFiled Order. Attorney JoNell Thomas shall have 10 days from the date of this order to enter an appearance in this court as appellants counsel on appeal, or within which to advise this court whether she has been formally appointed to represent appellant in this pending appeal. All filing deadlines in this appeal shall commence to run from the date upon which Thomas enters her appearance. 00-15433
09/08/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: JoNell Thomas. (Docketing Statement mailed to counsel for appellant.) 00-15829
09/14/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/10/98; 2/18/98; 3/19/98; 3/20/98; 4/16/98; 6/23/98; 8/28/98; 9/10/98; 9/11/98; 9/28/99; 12/17/98; 02/02/99; 5/22/00; 6/8/00. Court Reporter: Shirlee Prawalsky. 00-16188
09/15/2000Docketing StatementFiled Docketing Statement. 00-16297
09/27/2000TranscriptFiled Transcript. Proceedings: 2/10/98; 3/19/98; 4/16/98; 6/23/98; 9/10/98; 12/17/98; 2/2/99; 9/28/99; 5/22/00; 6/8/00. Court Reporter: Shirlee Prawalsky. 00-17084
10/11/2000MotionFiled Motion to Extend Time. 60 days requested. 00-17949
10/16/2000Order/Clerk'sFiled Clerk's Order. Attorney Thomas filed a notice of appearance on September 8, 2000. Accordingly, appellant's opening brief and appendix are due by January 8, 2001. Appellant's october 11, 2000, motion for a 60 day extension of time to file and serve the opening brief and appendix is therefore denied as moot. 00-18306
01/10/2001MotionFiled Motion to Extend Time. 01-00526
01/16/2001TranscriptFiled Transcript. Proceedings: 2/18/98 and 3/19/98. Court Reporter: Shirlee Prawalsky. 01-00910
02/21/2001Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcripts: 2/17/98 and 2/18/98. To Court Reporter: Shirlee Prawalsky. 01-03276
02/21/2001Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcripts: 11/25/96; 12/04/96; and 12/09/96. To Court Reporters: Karen Mell and Tyrone La Rue. 01-03277
02/21/2001Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Request for Transcripts: 1/24/97; 2/12/97; 3/28/97; 5/12/97; and 5/16/97 To Court Reporters: Russell Garcia and Krics Buttell. 01-03278
03/21/2001TranscriptFiled Transcript. Proceedings: 2/17/98 & 2/18/98. Court Reporter: Shirlee Prawalsky. 01-05012
04/06/2001Order/ProceduralFiled Order. Transcripts for proceedings conducted on March 20, 1998, have not yet been filed with this court. Court Reporter Prawalsky shall have 20 days from the date of this order to prepare and file the transcript. We note that the transcript request form filed on September 14, 2000, included requests for transcripts of proceedings conducted on 8/28/98; 9/10/98; 9/11/98; 9/28/99; 12/17/98; 2/2/99; 5/22/00; and 6/8/00. All of these proceedings were conducted after the docketing of this appeal and were therefore improperly requested. Accordingly, this court will not require court reporter Prawalsky to file transcripts for the proceedings conducted on those dates. We further note, however, that court reporter Prawalsky has filed certified copies for some of these proceedings. fn1[Certified transcripts for the improperly requested dates of 9/10/98; 12/17/98; 2/2/99; 9/28/99; 5/22/00; and 6/8/00, were filed with this court on September 27, 2000.] Counsel shall not cite to or rely on these transcripts in the briefs. Cause appearing, we grant Appellant's January 10, 2001, motion for extension of time to file the opening brief. Appellant shall have 50 days from the date of this order to file and serve the opening brief and appendix.clerk5 01-05926
04/25/2001Other Other. Filed letter from Court Reporter Shirlee Prawalsky. There was no calendar for March 20, 1998. (This is a response to the 4/6/01 order.) 01-06957
05/01/2001Order/ProceduralFiled Order. On April 25, 2001, court reporter Prawalsky filed a letter in response to our April 6, 2001, order. In that letter court reporter Prawalsky states that 'there was no calendar for Department V on March 20, 1998.' Accordingly, we vacate that portion of our April 6, 2001, order directing court reporter Prawalsky to prepare and file transcripts for proceedings conducted on March 20, 1998 and we conclude that court reporter Prawalsky has filed all transcripts requested of her. To date, court reporters Mell, LaRue, Garcia, and Buttell have failed to file the transcripts requested of them. Accordingly, court reporters Mell, LaRue, Garcia, and Buttell 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, the court reporters shall, within the same time period, file a motion with this court requesting an extension of time and stating the reason for the extension, or if the requested transcripts cannot be produced, the court reporters shall notify this court, in writing, of this fact. 01-07235
06/21/2001Order/ProceduralFiled Order. To date, appellant has not filed the opening brief and appendix. Appellant shall, within 10 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against appellant's counsel. 01-10533
07/05/2001BriefFiled Opening Brief. Mailed on: 07/05/01. 01-11288
07/05/2001AppendixFiled Joint Appendix. Vols. 1 and 2. 01-11289
07/05/2001Notice/IncomingFiled Notice. Notice re: Missing Documents. (No relief requested--no action required per JT) 01-11299
07/05/2001MotionFiled Motion. Motion Requesting Permission to Include Transcripts in Record Appendix. 01-11301
07/18/2001Order/ProceduralFiled Order. On July 5, 2001, appellant filed a 'Motion Requesting Permission to Include Transcripts in Record Appendix. Good cause appearing and in the interests of judicial economy, we grant appellant's motion. Appellant shall include copies of the transcripts prepared by court reporters Tyrone LaRue and Karen Mell in the appendix. We vacate our May 1, 2001, order directing Mr. LaRue and Ms. Mell to prepare and file the transcripts requested of them. We remind Mr. LaRue and Ms. Mell that in the future, pursuant to NRAP 9(b), they should file the original transcripts with the district court and directly transmit certified copies of those transcripts to this court. Also on July 5, 2001, appellant filed a notice regarding missing documents. Because it appears that these transcripts cannot be produced, we vacate our May 1, 2001, order directing court reporters Russell Garcia and Kris Buttell to prepare and file the transcripts requested of them. We admonish Mr. Garcia and Ms. Buttell for failing to respond to our May 1, 2001, order and for their failure to notify this court of the unavailability of the requested transcripts. On July 12, 2001, appellant submitted a proper person motion requesting this court to take judicial notice of several documents. Appellant has neither requested nor been granted leave to file documents in proper person and appellant is represented by counsel. The clerk of this court shall return, unfiled, appellant's proper person motion received on July 12, 2001. Appellant shall address all concerns related to this appeal to his counsel of record. 01-12193
07/18/2001Notice/OutgoingIssued Letter. to appellant William Earle Nelson. Returned unfiled, the original proper person Motion for Court to take judicial Notice Pursuant to Nevada and Federal Rules of Evidence 201.
07/26/2001MotionFiled Motion and Order Extending Time. Brief due: September 5, 2001. 01-12706
09/07/2001MotionFiled Motion to Extend Time. 01-15119
09/11/2001BriefReceived Answering Brief. Mailed on: Express-No postmark. 01-15274
09/11/2001AppendixReceived Appendix to Answering Brief. 01-15275
09/21/2001Order/Clerk'sFiled Clerk's Order Granting Motion. filed September 7, 2001. The clerk shall file the answering brief and appendix received oon September 11, 2001. Appellant may file a rely brief within 30 days of the date of this order. 01-15938
09/21/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. 01-15274
09/21/2001AppendixFiled Appendix to Answering Brief. 01-15275
10/10/2001MotionFiled Motion to Strike. Motion to Strike State's Answering Brief and Appendix of Record. 01-17107
10/18/2001MotionFiled Response to Motion. State's Opposition to Motion to Strike State's Answering Brief and Appendix of Record. 01-17628
12/18/2001Order/ProceduralFiled Order. On October 10, 2001, appellant filed a motion to strike the answering brief and appendix. Respondent opposes the motion. Our review of the answering brief and appendix indicates that these documents do not comply with the Nevada Rules of Appellate Procedure. Specifically, the answering brief cited to documents that were not filed in the district court. However, we deny appellant's motion to the extent that it requests the striking of the answering brief and appendix in their entirety. We remind counsel for respondent that in resolving appeals, we disregard improper references to documents that are not part of the trial record as well as documents in appendices that do not bear a district court file stamp. To date, appellant has failed to file the reply brief. Appellant shall have 10 days from the date of this order to file and serve a reply brief, if deemed necessary. Failure to timely comply with this order may be treated as a waiver of the right to file a reply brief. 01-21326
01/11/2002Case Status Update Briefing Completed. No reply brief filed.
04/30/2002Order/ProceduralFiled Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision to the Northern Nevada Panel as of the date of this order on the briefs filed herein. NRAP 34(f)(1). 02-07590
04/30/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP02-MS/RR/NB
09/10/2002Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP02-MS/RR/NB 02-15661
10/08/2002RemittiturIssued Remittitur. 02-15801
10/08/2002Case Status Update Remittitur Issued/Case Closed.
10/21/2002RemittiturFiled Remittitur. Received by County Clerk on October 10, 2002. 02-15801