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United States Court Cases

Nevada Supreme/Appellate Court Record

PINEDA (RAY) VS. STATE

Case Information: 36931
Short Caption:PINEDA (RAY) VS. STATECourt:Supreme Court
Related Case(s): 51501 , 61382 , 66281 , 66281-COA , 78436 , 78436-COA , 78908 , 78908-COA
Lower Court Case(s):Washoe Co. - Second Judicial District - CR000210Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:01/21/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/30/2000Filing Fee Filing Fee Waived.
10/30/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). 00-19096
10/30/2000TranscriptFiled Transcript. Proceedings: July 24, 2000, July 25, 2000, July 26, 2000 and July 27, 2000. Court Reporter: Judith Ann Schonlau. 00-19097
11/03/2000MotionFiled Motion. Motion to be Relieved as Appellant's Counsel and Request for Suspension of Rules. 00-19351
03/01/2001Order/CounselFiled Order/Remand for Designation of Counsel. On November 3, 2000, counsel for appellant, attorney Laurence Peter Digesti, filed a motion to be relieved as appellant's counsel and further represents that based upon discussions with the Washoe County Public Defender's Office that the Washoe County Public Defender's Office is willing to represent appellant in this appeal. We grant the motion to withdraw and remand this appeal to the district court for the limited purpose of securing new counsel for appellant. If appellant is indigent, the district court shall have 30 days from the date of this order 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 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. fn1[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.] 01-03833
03/13/2001Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on March 8, 2001, appointing Charles C. Diaz as counsel for appellant. 01-04477
04/27/2001Order/ProceduralFiled Order. Attorney Diaz has not filed a notice of appearance with this court. Attorney diaz, shall have 10 days from the date of this order to file a notice of appearance in this appeal. All filing deadlines shall commence to run from the date the notice of appearance is filed with this court. Failure to comply timely with this order may result in the imposition of sanctions. 01-07143
05/21/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Charles C. Diaz. (Docketing Statement mailed to counsel for appellant.) 01-08449
05/25/2001Notice/IncomingFiled Proof of Service. (Appearance of Counsel). 01-08810
07/06/2001Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall within 10 days of this order, filed and serve the required documents. We caution appellant that failure to comply timely with this order may result in the imposition of sanctions. 01-11378
07/20/2001Docketing StatementFiled Docketing Statement. 01-12399
07/20/2001Transcript RequestFiled Certificate of No Transcript Request. 01-12400
10/15/2001Order/ProceduralFiled Order. To date appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix or show cause why sanctions should not be imposed against appellant's counsel. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 01-17401
02/27/2002OtherDisqualification of Justice Young. Attorney Charles Diaz.
03/12/2002Order/ProceduralFiled Order. To date, Mr. Diaz has failed to file the opening brief and appendix or otherwise communicate with this court. We conclude that the imposition of sanctions is warranted. Mr. Diaz shall personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment with this court within 15 days from the date of this order. Within the same time period, Mr. Diaz shall file and serve the opening brief and appendix. 02-04422
03/22/2002BriefFiled Opening Brief. Mailed on: Hand delivered 03/22/02. Signed by: Charles C. Diaz. 02-05183
03/22/2002AppendixFiled Appendix to Opening Brief. 02-05184
03/27/2002Notice/IncomingFiled Proof of Payment of Sanction. Letter stating that $500 to Supreme Court Law Library paid by attorney Charles C. Diaz. 02-05437
04/23/2002MotionFiled Motion and Order Extending Time. Brief due: April 29, 2002. 02-07193
04/30/2002BriefFiled Answering Brief. Mailed on: 04/29/02. Signed by: Joseph R. Plater. 02-07604
04/30/2002AppendixFiled Appendix to Answering Brief. 02-07605
05/31/2002BriefFiled Reply Brief. Mailed on Reno./Carson Msgr. 5/30/02. Signed by: Charles C. Diaz. 02-09560
09/12/2002Order/ProceduralFiled Order/Submit on Briefs. Submitting for Decision Without Oral Argument. 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. See NRAP 34(f)(1). 02-15851
09/12/2002Case Status Update Submitted for Decision. To the Northern Nevada Panel. NNP03Y-WM/RR/DA
01/21/2003Order/ProceduralFiled Order/Submit on Briefs. Order for En Banc Consideration and Submitting for Decision without Oral Argument. This matter was submitted for decision without oral argument to the Northern Nevada Panel on September 12, 2002. Upon further review, we have determined that en banc consideration of this appeal is warranted. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. See NRAP 34(f)(1). 03-01011
01/21/2003Case Status Update Submitted for Decision. This appeal shall stand submitted for decision without further argument to the En Banc Court as of the date of this order on the briefs filed herein. En Banc
01/23/2004Notice/OutgoingIssued Letter. to Washoe County Clerk regarding transmission of documents.
01/26/2004Notice of Appeal DocumentsFiled Documents from District Court Clerk. Sentencing transcript of October 12, 2000; and Sentencing Exhibit A (resume of Ron Martinelli, Ph.D.) 04-01520
05/04/2004Opinion/DispositionalFiled Authored Opinion. "Reversed and remanded." fn1[The Honorable Michael L. Douglas, Justice, did not participate in the decision of this matter.] Before the Court EN BANC. Author: Maupin, J. We concur: Shearing, C.J., Rose, Becker and Gibbons, JJ. Agosti, J., concurring in part and dissenting in part. 120 Nev. Adv. Opn. No. 24. EN BANC. 04-08101
06/02/2004RemittiturIssued Remittitur. 04-08342
06/02/2004Case Status Update Remittitur Issued/Case Closed.
06/16/2004RemittiturFiled Remittitur. Received by County Clerk on June 4, 2004. 04-08342