SCHWIGER (LAWRENCE) VS. STATE - Nevada Supreme/Appellate Court Record

Case Information: 39007
Short Caption:	SCHWIGER (LAWRENCE) VS. STATE	Court:	Supreme Court
		Related Case(s):	47484 , 47869 , 47944 , 48483 , 48579 , 49303 , 49907 , 51039 , 61911 , 63123 , 74330 , 74330-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C173970	Classification:	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:	05/02/2003	How Submitted:	On Briefs

+ Party Information

Docket Entries
Date	Type	Description	Pending?	Document
12/31/2001	Filing Fee	Filing Fee Waived.
12/31/2001	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.		01-21935
01/22/2002	Notice/Incoming	Filed Notice of Appearance. Representing appellant: David C. Amesbury. (Docketing Statement mailed to counsel for appellant.)		02-01405
01/22/2002	Motion	Filed Motion to Consolidate. Nos. 39007/39008.		02-01406
03/15/2002	Motion	Filed Motion. Appellant's Motion for an Enlargement of Time in Which to File the Docketing Statement and Transcript Request.		02-04728
03/15/2002	Transcript Request	Received Certificate of No Transcript Request.		02-04730
03/18/2002	Order/Clerk's	Filed Clerk's Order Granting Motion. filed March 15, 2002. The clerk shall file the docketing statement and certificate of no transcript rreceived on March 15, 2002.		02-04833
03/18/2002	Docketing Statement	Filed Docketing Statement.		02-04729
03/18/2002	Transcript Request	Filed Certificate of No Transcript Request.		02-04730
04/03/2002	Letter/Incoming	Filed Letter. from proper person appellant Lawrence Schwiger. 04/25/02 ORDER: RETURNED UNFILED.		02-05938
04/25/2002	Order/Procedural	Filed Order. Appellant Lawrence E. Schwiger filed two proper person notices of appeal from a judgment of conviction which designated two district court case numbers, C173970 and C174784. The district court entered a single judgment of conviction in district court case no. C173970. The clerk of this court inadvertently docketed this matter as two separate appeals. The clerk of this court is hereby directed to administratively close Docket No. 39008, and to transfer to Docket No. 39007 all documents filed or received in docket No. 39008. In light of this order, appellant's motion to consolidate is hereby denied as moot. On January 18, 2002, April 3, 2002, and April 17, 2002, appellant submitted proper person letters to this court regarding the prosecution of this appeal. Because appellant is represented by counsel in this appeal, the clerk is directed to return to appellant unfiled all proper person documents received to date in Docket Nos. 39007 and 39008. Appellant shall proceed hereafter by and through counsel. Nos. 39007/39008-cases are not consolidated.		02-07367
04/25/2002	Other	Other. 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007: 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007. 01/22/02: Filed Notice of Appearance. Representing appellant: David C. Amesbury (Docketing Statement mailed to counsel for appellant.) 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007. 01/22/02: Filed Motion/Consolidate. Nos. 39007/39008. 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007. 03/15/02: Filed Motion. Appellant's Motion for an Enlargement of Time in Which to File the Docketing Statement and Transcript Request. 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007. 03/18/02: Filed Clerk's Order Granting Motion filed March 15, 2002. The clerk shall file the docketing statement and certificate of no transcript received on March 15, 2002. 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007. 03/18/02: Filed Docketing Statement. 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007. 03/18/02: Filed Certificate of No Transcript Request. 04/25/02 ORDER: TRANSFERRED FROM DOCKET NO. 39008 TO DOCKET NO. 39007.
04/25/2002	Notice/Outgoing	Issued Letter. to appellant Lawrence E. Schwiger. Returned unfiled, the proper person Letter received on January 18, 2002 in Docket Nos. 39007 and 39008; the proper person Letter received on April 3, 2002 in Docket No. 39007; the proper person Letter received on April 17, 2002 in Docket Nos. 39007 and 39008.
04/30/2002	Letter/Incoming	Received Proper Person Letter. Received letter dated April 18, 2002 in regards to issues.
05/20/2002	Motion	Filed Motion and Order Extending Time. Brief and appendix due: June 24, 2002.		02-08823
07/11/2002	Other	Returned Unfiled Document. Original and two copies of the Request for Permission to file Documents in Proper Person & Notice of Issue's to be Preserved on Direct Appeal & Motion to Expand Time to file Supplemental Brief returned per order filed on 4/25/02.
07/29/2002	Order/Procedural	Filed 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. Respondent shall within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days of service of the answering brief.		02-12949
08/19/2002	Motion	Filed Motion to Extend Time. Appellant's Motion for an Enlargement of Time in Which to File the Opening Brief and Appendix.		02-14141
08/19/2002	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: May 14, 2001 and May 17, 2001. To Court Reporter: Lisa Makowski.		02-14143
08/19/2002	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: April 26, 2001. To Court Reporter: Maureen Schorn.		02-14144
08/19/2002	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: March 28, 2001. To Court Reporter: Robert Mintun.		02-14145
08/19/2002	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: May 30, 2002 and July 10, 2001. To Court Reporter: Tom Mercer.		02-14146
08/19/2002	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: May 21, 2001. To Court Reporter: Mary Beth Cook.		02-14147
09/05/2002	Transcript	Filed Transcript. Proceedings: March 28, 2001. Court Reporter: Robert Mintun.		02-15326
09/06/2002	Transcript	Filed Transcript. Proceedings: April 26, 2001. Court Reporter: Maureen Schorn.		02-15409
09/06/2002	Transcript	Filed Transcript. Proceedings: May 14, 2001, and May 17, 2001. Court Reporter: Lisa Makowski.		02-15410
09/16/2002	Transcript	Filed Transcript. Proceedings: May 21, 2001. Court Reporter: Mary Beth Cook.		02-16057
11/13/2002	Order/Procedural	Filed Order. Court reporter Tom Mercer shall have 20 days from the date of this order to prepare and file the transcript of proceedings for May 30, 2001, and July 10, 2001. Appellant shall have 15 days from service of the transcripts to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We deny, as moot, the motion for an extension of time filed on August 19, 2002. No further extensions of time shall be permitted absent extreme and unforeseeable circumstances.		02-19482
12/02/2002	Transcript	Filed Transcript. Proceedings: May 30, 2001 and July 10, 2001. Court Reporter: Tom Mercer.		02-20563
12/26/2002	Brief	Filed Opening Brief. Mailed on: 12/10/02 (sent by priority mail).		02-22045
12/26/2002	Appendix	Filed Appendix to Opening Brief. Vols. 1 and 2.		02-22046
01/27/2003	Brief	Filed Answering Brief. Mailed on: Express-No postmark.		03-01378
01/27/2003	Appendix	Filed Appendix to Answering Brief.		03-01379
02/13/2003	Other	Returned Unfiled Document. Original and one copy of the document entitled, "Request for Permission to file Appellant's Supplemental Brief and Request for Preservation of Issues on Appeal and Request for Documents." (Per order of 4/25/02)		03-02325
03/07/2003	Case Status Update	Briefing Completed. No reply brief filed.
05/02/2003	Order/Procedural	Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein.		03-07446
05/02/2003	Case Status Update	Submitted for Decision.
05/16/2003	Other	Returned Unfiled Document. Original and two copies of the document entitled, "Motion for Dismissal of Counsel of Record and Transfer of Records and Appointment of Alternative Counsel." (returned per order of 4/25/02)
11/10/2003	Order/Procedural	Filed Order. Directing Supplemental Appendix. Counsel for appellant shall file with this court a supplemental appendix, containing certified copies of transcripts on March 13 and 14, 2001, April 12 and 19, 2001, July 19, 20 and 22, 2001, September 17, 2001 and November 21, 2001, within 30 days from the date of this order. fn1[If any of the above-mentioned proceedings have not yet been transcribed, counsel shall file and serve a transcript request form as required by NRAP 9 within 15 days from the date of this order.] With respect to the transcript of the July 22, 2001 proceeding, we note that the district court minutes do not indicate that any proceedings occurred on that date. Appellant's counsel shall file, along with the supplemental appendix, a notice clarifying the correct citation to the record.		03-18761
12/22/2003	Motion	Filed Motion to Extend Time. Appellant's Motion for an Enlargement of Time in Which to File Supplemental Appendix.		03-21241
01/09/2004	Order/Procedural	Filed Order Granting Motion. filed December 22, 2003. Appellant's counsel shall have to and including January 24, 2004, within which to comply with this court's order of November 10, 2003.		04-00545
01/26/2004	Motion	Filed Motion to Extend Time. Appellant's Second Motion for Enlargement of time in which to File Supplemental Appendix.		04-01544
01/27/2004	Order/Procedural	Filed Order Granting Motion. filed January 26, 2004. Appellant shall have to and including March 9, 2004, to file the supplemental appendix. Appellant's counsel shall provide the supplemental appendix by the extended due date of March 9, 2004, or be prepared to show cause why sanctions should not be imposed against him.		04-01638
02/10/2004	Notice/Incoming	Filed Notice. Notice of Entry of Order (Order granting motion filed on January 27, 2004).		04-02608
03/24/2004	Motion	Filed Motion to Extend Time. Appellant's Third Motion for Enlargement of Time in which to File Supplemental Appendix.		04-05512
03/30/2004	Order/Procedural	Filed Order Granting Motion. filed March 24, 2004. Appellant shall have until April 3, 2004, to file and serve the supplemental appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance.		04-05882
04/05/2004	Appendix	Filed Appendix. Appellant's Supplemental Appendix.		04-06271
06/17/2004	Order/Procedural	Filed Order. Directing Counsel to Comply with NRAP 9. Appellant's counsel, David C. Amesbury, shall have 10 days from the date of this order within which to file and serve a transcript request form as required by NRAP 9, requesting court reporter Tom Mercer to prepare and file a transcript of the plea proceedings conducted below on July 20, 2001. We caution attorney Amesbury that his failure to timely comply with the instant order will result in the imposition of sanctions. Further, inasmuch as this appeal has been pending in this court since December 2001, this court requests Mr. Mercer to prepare, file, and serve the transcript of the proceedings of July 20, 2001, as soon as possible.		04-11076
06/24/2004	Transcript	Filed Transcript. Proceedings: 07/20/01. Court Reporter: Tom Mercer.		04-11524
07/20/2004	Transcript	Filed Transcript. Proceedings: 7/20/01. Court Reporter: Tom Mercer.		04-13209
08/19/2004	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 06/20/01. To Court Reporter: Tom Mercer.		04-15022
08/24/2004	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04D-RR/WM/MD		04-15296
09/16/2004	Other	Returned Unfiled Document. Original document entitled, "Judicial Notice."
09/21/2004	Remittitur	Issued Remittitur.		04-15816
09/21/2004	Case Status Update	Remittitur Issued/Case Closed.
10/04/2004	Remittitur	Filed Remittitur. Received by County Clerk on September 23, 2004.		04-15816
10/21/2004	Other	Returned Unfiled Document. Original and three copies of the document entitled, "Motion for Leave to file in Proper Person a Motion to Dismiss Counsel of Record and Request for Appointment of Alternative Counsel on Appeal."
11/08/2004	Notice/Incoming	Filed Proof of Service. Order of Affirmance.		04-20548