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United States Court Cases

Nevada Supreme/Appellate Court Record

GUERRERO (RUDIBERTO) VS. STATE C/W 32173

Case Information: 32242
Short Caption:GUERRERO (RUDIBERTO) VS. STATE C/W 32173Court:Supreme Court
Consolidated: 32173 *, 32242Related Case(s): 32173 , 41023 , 41024 , 53441 , 53839 , 53943 , 55789 , 55790 , 72581 , 72581-COA , 72582 , 72582-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C141455Classification:Criminal Appeal - Life - Direct
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
04/28/1998Filing Fee Filing Fee Waived.
04/28/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).
06/25/1998MotionFiled Motion to Extend Time.
06/25/1998Docketing StatementReceived Docketing Statement. RETURNED UNFILED 9/11/98.
06/25/1998MotionFiled Motion. Request for Permission to Withdraw as Attorney of Record.
09/11/1998Order/ProceduralFiled Order. We grant attorney Sciscento's motion to withdraw and we deny appellant's motion to file an untimely docketing statement. 1[The clerk shall return, unfiled, the docketing statement provisionally submitted on June 25, 1998. Appellant's new counsel shall file a docketing statement on appellant's behalf.] We remand this appeal to the district court for the limited purpose of determining whether the appointment of counsel to represent appellant in this matter is appropriate and, if appropriate, for the appointment of counsel. Within 30 days of the date of this order, the district court shall determine whether appellant qualifies for the appointment of counsel. If appellant does qualify the district court shall immediately appoint counsel and serve a copy of this order on appointed counsel. Otherwise, the district court shall certify its finding that appellant is not entitled to the appointment of counsel. Within 5 days of the district court's determination the district court clerk shall transmit to this court either a copy of the district court's order appointing counsel or a copy of its certification that appellant is not entitled to court appointed counsel. If appointed, counsel shall have 15 days from appointment to enter an appearance with this court. 2[All filing deadlines shall commence to run from the date on which counsel is required, under this order, th enter an appearance in this court.]
09/11/1998Other Returned Unfiled Document.
09/28/1998Notice/IncomingFiled Notice of Appearance. Representing appellant: Donald Beury. (Docketing Statement mailed to counsel for appellant.)
10/29/1998Docketing StatementFiled Docketing Statement.
11/06/1998Order/ProceduralFiled Order. Appellant shall, wiithin 15 days from the date of this order, file the transcript request form or certificate of no transcript request or show cause why sanctions should not be imposed upon counsel for appellant.
02/01/1999MotionFiled Motion to Extend Time. Request for an Extension of Time to file Certificate of No Transcript.
02/01/1999Transcript RequestReceived Certificate of No Transcript Request.
02/01/1999MotionFiled Motion to Consolidate. Motion to Consolidate the Above Entitled Case with State v. Alberto Guerrero, Supreme Court Number 32173. (Nos. 32173 and 32242).
03/25/1999Order/ProceduralFiled Order/Consolidation. These matters are consolidated for the purposes of disposition and argument if warranted. Briefing shall be conducted independently in these matters. We do not believe it is appropriate for attorney Beury to represent both appellants or to file consolidated briefs. We remove attorney Beury as counsel for Alberto Guerrero. We remand No. 32173 to the district court for the limited purpose of appointing new counsel within 30 days to represent Alberto Guerrero. Within 15 days of appointment, newly appointed counsel shall file a notice of appearance with this court; within 45 days , counsel shall file an opening brief and appendix in No. 32173. 1[Newly appointed counsel should contact attorney Beury to obtain copies of all documents filed herein and all documents related to Alberto Guerrero's appeal.] Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). The clerk shall file the certificate of no transcript request provisionally submitted on February 1, 1999 in Docket No. 32242. Attorney Beury shall, within 45 days of this order, file and serve an opening brief and appendix on behalf of Rudiberto Guerrero in Docket No. 32242. (Nos. 32173 and 32242).
03/25/1999Transcript RequestFiled Certificate of No Transcript Request.
05/05/1999Notice/IncomingFiled Notice of Appearance. Representing appellant Alberto Guerrero: Ronald A. Colquitt. (Nos. 32173 and 32242).
05/20/1999MotionFiled Motion and Order Extending Time. Brief due: May 25, 1999.
05/27/1999BriefFiled Opening Brief. Mailed on: 5/26/99.
06/28/1999MotionFiled Motion. Motion to Compel Defendant to file an Appendix pursuant to NRAP 30.
07/30/1999Notice of Appeal DocumentsReceived District Court Minutes.
10/07/1999Order/ProceduralFiled Order. On May 27, 1999, attorney Donald D. Beury filed an opening brief on behalf of appellant in docket no. 32242. On June 28, 1999, respondent filed a motion to compel appellant to file an appendix. The brief submitted by attorney Beury was not accompanied by an appendix. We note that the transcripts cited within the brief were previously filed with this court in Docket No. 32173. We grant respondent's motion to the extent that it requests counsel to file an appendix. We deny the motion to the extent that it requests the inclusion of the transcripts in the appendix. Attorney Beury shall, within 20 days of the date of this order, file and serve an appendix in Docket No. 32242. Respondent in docket no. 32242 shall, within 45 days of the date of this order, file and serve an answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). (Nos. 32173 and 32242).
10/21/1999Other Other. Filed Appellant's Excerpt of Record.
11/23/1999BriefFiled Answering Brief. Mailed on: Express-No postmark.
12/29/1999MotionFiled Motion. Appellant's Request to Supplement Opening Brief. (previously filed in Docket No. 32173).
02/28/2000Order/ProceduralFiled Order Granting Motion. Granting the motion for leave to file a supplemental opening brief. Appellant shall, within 20 days of the date of this order, file and serve a supplemental brief. Respondent may, within 20 days of the filing of any supplemental brief, file and serve a supplemental answer. No extensions of time shall be permitted absent extreme and unforeseeable circumstances.
03/24/2000Other Returned Unfiled Document. Appellant's Reply Brief and Supplemental Brief. (original plus 5 copies returned).
04/04/2000BriefFiled Reply Brief. Mailed on: No postmark.
05/16/2000Order/ProceduralFiled Order. On April 4, 2000, appellant filed a combined supplemental opening brief and reply brief. Because respondent may have misconstrued appellant's combined supplemental opening brief and reply brief to be solely a reply brief, we grant respondent an additional 10 days from the date of this order to file and serve a supplemental answering brief.
05/26/2000MotionFiled Motion to Extend Time. Motion to Enlarge time to file Respondent's Supplemental Answering Brief. 00-08961
06/07/2000Order/Clerk'sFiled Clerk's Order. Respondent shall have to and including June 23, 2000, to file and serve respondent's supplemental answering brief. 00-09575
06/26/2000BriefFiled Answering Brief. Supplemental Answering Brief. Mailed on: Express-No postmark. 00-10892
06/26/2000AppendixFiled Appendix to Answering Brief. 00-10893
07/26/2000BriefFiled Reply Brief. Mailed on: No postmark. 00-12991
02/14/2001Order/ProceduralFiled Order. The appeal in Docket No. 32173 was docketed in this court on April 17, 1998. On March 25, 1999, this court entered an order consolidating the appeal in Docket No. 32173 with the appeal in Docket No. 32242 for the limited purpose of disposition and argument, if any. On October 4, 2000, this court entered an order directing attorney Colquitt to pay an additional two hundred fifty dollar sanction and file the opening brief and appendix within fifteen days of the date of that order. To date, attorney Colquitt has failed to comply with our October 4, 2000, order or otherwise communicate with this court. We remove attorney Colquitt as counsel of record for appellant in Docket No. 32173. In addition, we refer attorney Colquitt to the State Bar of Nevada for investigation of this matter and possible disciplinary action. Bar counsel shall, within 90 days of this order, inform this court of the status of results of the investigation and any disciplinary proceedings in this matter. We remand Docket No. 32173 for the appointment of new counsel to represent appellant. The district court shall, within thirty 30 days of the date of this order, appoint new counsel to represent appellant immediately advise the clerk of this court of the date of appointment and name of the attorney appointed. The clerk of the district court shall also serve a copy of this order on the attorney appointed and shall provide the clerk of this court with proof of such service within 10 days of appointment. New counsel shall enter an appearance with the clerk of this court within 10 days of the date of appointment; within 90 days of the date of appointment, file and serve the opening brief and appendix in Docket No. 32173. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 32173/32242. (01-02939)
04/09/2001Order/IncomingFiled District Court Order. Copy of order confirming appointment of counsel on appeal filed in district court on March 28, 2001. E. Brent Bryson of the law offices of E. Brent Bryson is appointed and confirmed as attorney of record for Alberto Guerrero in case no. 32173. Nos. 32173/32242 (01-06110).
04/09/2001Other Other. Filed Copy of Notice of Entry of Order Confirming Appointment of Counsel on Appeal (no filed stamp). Nos. 32173/32242 (01-06113).
04/26/2001Notice/IncomingFiled Notice. Notice of Appointment of Counsel filed in the District Court on April 20, 2001 (certified copy of order confirming appointment of counsel on appeal filed on March 28, 2001 attached). Nos. 32173/32242 (01-07033).
05/14/2001Notice/IncomingFiled Status Report. Report of Bar Counsel In Re: Ronald A. Colquitt, Esq. (see 2/14/01 order). Report placed in attorney Colquitt's file. Nos. 32173/32242 (01-08051).
05/29/2001MotionFiled Motion to Extend Time. (no. 32173 only) Nos. 32173/32242. [01-08949]
06/01/2001Order/ProceduralFiled Order Granting Motion. As counsel for appellant was appointed on March 28, 2001, the opening brief and appendix are not due to be filed until June 26, 2001. Nevertheless, good cause having been shown, we grant appellant's motion filed on May 29, 2001, for a 30-day extension of time. Appellant shall have until July 26, 2001, to file and serve the opening brief and appendix in Docket No. 32173. Nos. 32173/32242. (01-09153)
07/27/2001BriefFiled Opening Brief. Mailed on: 07/26/01. (no. 32173 only) Nos. 32173/32242 (01-12763).
07/27/2001AppendixFiled Appendix to Opening Brief. (no. 32173 only) Nos. 32173/32242 (01-12765).
08/27/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. (no. 32173 only) Nos. 32173/32242 (01-14421).
09/24/2001BriefFiled Reply Brief. Mailed on: 09/21/01. (no. 32173 only) Nos. 32173/32242 (01-13091).
11/19/2001Order/DispositionalFiled Order of Affirmance. fn1[By previous order of this court, these appeals have been consolidated for the purpose of disposition.] "ORDER the judgments of the district court AFFIRMED." fn16[Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in these appeals.] NNP02-MS/RR/NB. Nos. 32173/32242. 01-19276
11/30/2001Order/ProceduralFiled Order. On February 14, 2001, we entered an order that removed appellant Alberto Guerrero's counsel of record and remanded the appeal in Docket No. 32173 for the appointment of new counsel for Alberto Guerrero. On April 9, 2001, the district court clerk filed, with this court, a certified copy of a district court order indicating that the district court had appointed attorney E. Brent Bryson to represent appellant Alberto Guerrero on appeal. Thereafter, on April 26, 2001, the district court clerk filed, with this court, a certified copy of a Notice of Appointment of Counsel. We note, however, that although the notice correctly identifies Alberto Guerrero's district court case number, the caption on the notice contains a clerical error indicating that the appointment was for Rudiberto Guerrero. Despite the clerical error on the Notice of Appointment of Counsel, we conclude that the appointment of counsel was for Alberto Guerrero, rather than for Rudiberto Guerrero, as was properly indicated on the district court's order appointing appellate counsel. Accordingly, we conclude that attorney Donald D. Beury remains counsel of record for Rudiberto Guerrero (Docket No. 32242). In order to prevent any possible prejudice resulting from the clerical error, we enlarge the time period for filing a petition for rehearing. Appellants shall each have 18 days from the date of this order to file a petition for rehearing, if deemed necessary. If a petition for rehearing is not timely filed, the remittitur shall issue 25 days from the date of this order. Nos. 32173/32242. (01-20041)
12/26/2001RemittiturIssued Remittitur. 01-21699
12/26/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 31, 2001. 01-21699
06/03/2002Notice/IncomingFiled Notice. Notice of Withdrawal of Counsel. Nos. 32173/32242 (02-09621).