| Case Information: 36918 | |||
| Short Caption: | OLAUSEN (JOHN) VS. WARDEN | Court: | Supreme Court |
| Related Case(s): | 33645 , 34568 , 35880 , 47205 , 48841 , 49989 , 50057 , 50633 , 51318 , 55507 , 56066 , 58316 , 58596 , 58604 , 58605 , 58606 , 58694 , 59867 , 59970 , 60305 , 60431 , 60647 , 62459 , 63101 , 63360 , 63577 , 64122 , 64426 , 66319 , 66319-COA , 66337 , 67227 , 67371 , 67371-COA , 67590 , 68363 , 69342 , 69343 , 69343-COA , 69576 , 69652 , 69653 , 74825 | ||
| Lower Court Case(s): | Washoe Co. - Second Judicial District - C791086 | Classification: | Criminal Appeal - Life - Post-Conviction |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 03/06/2002 | How Submitted: | On Briefs |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 10/26/2000 | Filing Fee | Filing Fee Waived. | ||
| 10/26/2000 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant). | 00-18921 | |
| 12/27/2000 | Motion | Filed Motion to Extend Time. | 00-22537 | |
| 12/29/2000 | Order/Clerk's | Filed Clerk's Order Granting Motion. The clerk of the court shall file the docketing statement received on December 21, 2000. | 00-22693 | |
| 12/29/2000 | Docketing Statement | Filed Docketing Statement. | 00-22266 | |
| 03/06/2001 | Brief | Filed Opening Brief. Mailed on: 2/23/01. STRICKEN BY ORDER 05/24/01. | 01-04027 | |
| 04/06/2001 | Brief | Filed Answering Brief. Mailed on: 04/05/01. STRICKEN BY ORDER 05/24/01. | 01-05951 | |
| 05/07/2001 | Brief | Filed Reply Brief. Mailed on: Hand delivered 05/07/01(Reno/Carson). STRICKEN BY ORDER 05/24/01. | 01-07663 | |
| 05/07/2001 | Case Status Update | Submitted for Decision. | ||
| 05/24/2001 | Order/Procedural | Filed Order. To date, counsel for appellant has not filed a transcript request form or a certificate that no transcripts are necessary. Counsel for appellant shall have 5 days from the date of this order to file a transcript request form or certificate that no transcript is necessary. fn1[We remind counsel for appellant that copies of transcripts filed in the district court prior to the docketing of the appeal may be included in an appendix to the opening brief.] The clerk of this court shall strike the opening brief filed on March 6, 2001, the answering brief filed on April 6, 2001, and the reply brief filed on May 7, 2001. If counsel for appellant files a certificate that no transcripts are necessary, appellant shall have 15 days from the date of this order to file and serve an amended opening brief and a joint appendix or an appellant's appendix. If counsel for appellant files a transcript request form, appellant shall have 45 days from the date of this order to file and serve an amended opening brief and a joint appendix or an appellant's appendix. Respondent shall have 15 days from the filing of the amended opening brief to file and serve an amended answering brief. Appellant shall have 15 days from the filing of the amended answering brief to file and serve an amended reply brief. Counsel for appellant, Kenneth J. McKenna, shall have 10 days from the date of this order to show cause why he should not be sanctioned for his failure to comply with NRAP 9(a), 10(b), 30, and 28 (e). On April 26, 2001, appellant submitted a proper person motion for leave to file a supplemental brief. Given our decision to strike the briefs previously filed in this matter, the clerk shall return, unfiled, appellant's proper person motion. Appellant should direct any concerns to his counsel, Kenneth J. McKenna. | 01-08706 | |
| 06/01/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: October 2000 and August 27, 1999. To Court Reporter: Sierra Nevada Reporters. | 01-09201 | |
| 06/05/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Identical to request filed 06/01/01, with certificate of service attached. | 01-09374 | |
| 06/06/2001 | Notice/Outgoing | Issued Letter. to appellant John Steven Olausen. Returned unfiled, the original proper person Motion for Leave to file a Supplemental Brief received April 26, 2001 with a copy of the Order filed May 24, 2001. | ||
| 07/17/2001 | Motion | Filed Motion. | 01-12126 | |
| 08/01/2001 | Other | Returned Unfiled Document. Returned, with letter (pursuant to NRAP 27(a)), Reply to Opposition to Withdraw as Attorney of Record. | ||
| 08/07/2001 | Motion | Filed Motion for Permission to File Document. Request for Permission to Reply to Opposition to Withdraw as Attorney of Record. | 02-00295 | |
| 08/27/2001 | Order/Procedural | Filed Order. To date, attorney McKenna has not responded to the order to show cause, or filed an amended opening brief or an appendix. McKenna has filed a motion to withdraw as counsel. We deny the motion to withdraw as counsel of record in this appeal. McKenna shall have 20 days from the date of this order to file and serve an amended opening brief and joint appendix or to show cause why he should not be sanctioned. McKenna shall have 5 days to file an amended transcript request form that identifies the specific date of the October 2000 proceedings for which transcripts need to be prepared. Because the August 27, 1999 transcript was prepared and filed in the district court prior to the docketing of this appeal, counsel for appellant must include it in the appendix, and we relieve Sierra Nevada Reporters of its duty to prepare the transcript. | 01-14412 | |
| 09/04/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 01/04/99; 09/17/00; 09/22/00; 10/12/00. To Court Reporter: Sierra Nevada Reporters. | 01-14933 | |
| 09/06/2001 | Transcript Request | Filed Request for Transcript of Proceedings. Second Amended Request. Transcripts requested: 9/22/00 and 9/28/00. To Court Reporter: Sierra Nevada Reporters. | 01-15057 | |
| 09/07/2001 | Transcript | Filed Transcript. Proceedings: 9/22/00 and 9/28/00. Court Reporter: Cindy Lee Brown. | 01-15172 | |
| 09/14/2001 | Brief | Filed Opening Brief. (Amended) Opening Brief. See Order filed 05/24/01. Mailed on: Hand delivered 09/14/01 (Reno/Carson). | 01-15568 | |
| 09/14/2001 | Appendix | Filed Appendix to Opening Brief. Vols. 1 and 2. | 01-15569 | |
| 10/04/2001 | Brief | Filed Answering Brief. (Amended Answering Brief). Mailed on: 10/03/01. | 01-16709 | |
| 10/30/2001 | Motion | Filed Motion to Strike. Motion to Strike Portions of Respondent's Answering Brief. | 01-18145 | |
| 10/31/2001 | Motion | Filed Motion. Motion for Leave to File Appellant's Amended Pro Se Opening Brief. | 01-18244 | |
| 11/06/2001 | Motion | Filed Response to Motion. Opposition to Olausen's Motion to Strike Portions of Respondent's Answering Brief. | 01-18545 | |
| 01/10/2002 | Order/Procedural | Filed Order Denying Motion. On October 30, 3001, appellant filed a motion to strike pages 13-16 of respondent's answering brief on the basis that the assertions contained in those pages are not proper supported by the record. Respondent opposes the motion. We deny appellant's motion to strike portions of respondent's answering brief. However, to the extent that either party includes factual assertions in their briefs that are not properly supported by citations to the appendix or transcripts, we will disregard those assertions when taking this appeal under consideration. Appellant shall file and serve a reply brief, if deemed necessary, within 30 days of the date of this order. Failure to timely file a reply brief may be treated as a waiver of the right to file a reply brief. | 02-00766 | |
| 03/06/2002 | Case Status Update | Submitted for Decision. No reply brief filed. | ||
| 12/10/2002 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn20[Although Olausen has not been granted permission to file documents in this matter in proper person, see NRAP 46(b), we have received and considered Olausen's numerous proper person documents and conclude that the relief requested is not warranted. We also deny counsel's motion for leave to file Olausen's amended proper person opening brief. We grant Kenneth J. McKenna's motion for permission to withdraw as counsel for Olausen.] NNP03Y-CY/RR/DA | 02-21094 | |
| 01/07/2003 | Remittitur | Issued Remittitur. | 03-00016 | |
| 01/07/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/24/2003 | Remittitur | Filed Remittitur. Received by County Clerk on January 13, 2003. | 03-00016 | |