| Case Information: 38998 | |||
| Short Caption: | TYLER (GILBERT) VS. STATE C/W 38932/38933 | Court: | Supreme Court |
| Consolidated: | 38932 *, 38933 , 38998 | ||
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR011338 | Classification: | Criminal Appeal - Fast Track - 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 | ||||
| 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/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) | 01-21917 | |
| 12/31/2001 | Notice/Outgoing | Issued Notice to File Case Appeal Statement. Due Date: 10 days | ||
| 01/18/2002 | Notice of Appeal Documents | Filed Case Appeal Statement. Certified copy filed in district court on: January 16, 2002. | 02-01311 | |
| 03/11/2002 | Transcript | Filed Transcript. Proceedings: October 1, 2001. Court Reporter: Joan Marie Dotson. Nos. 38932/38933/38998 - filed in case no. 38932. | ||
| 03/22/2002 | Order/Procedural | Filed Order/Fast Track. To date, no fast track statement has been filed. Counsel for appellant shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. | 02-05157 | |
| 05/14/2002 | Order/Counsel | Filed Order/Sanctions. Mr. Herbig has failed to respond to this court's order of March 22, 2002. We conclude that the imposition of a monetary sanction is appropriate. Mr. Herbig shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Mr. Herbig shall file and serve the fast track statement within 10 days of this order or show cause why Mr. Herbig should not be sanctioned further. | 02-08425 | |
| 07/02/2002 | Order/Counsel | Filed Order/Sanctions. We conclude that the imposition of an additional monetary sanction is appropriate. Accordingly, Mr. Herbig shall personally pay the sum of $1,000.00 to the Supreme Court Law Library within 20 days of the date of this order. Further, Mr. Herbig shall file and serve the fast track statement within 10 days of this order or show cause why Mr. Herbig should not be sanctioned further, including referral to the State Bar of Nevada for investigation and possible disciplinary action. Fn1 [This amount is in addition to the previously-imposed sanction which is unpaid and overdue]. | 02-11341 | |
| 08/27/2002 | Order/Counsel | Filed Order/Sanctions. Mr. Herbig has again failed to respond to our July 2, 2002 order. We therefore refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. We further conclude that Mr. Herbig's dilatory actions and neglect of his obligations to this court and his client require his removal as counsel of record. We remand this appeal to the district court for a determination of whether appellant is indigent. If indigent, the district court shall appoint new counsel to represent appellant within 30 days of the date of this order. If not indigent, appellant shall have 30 days from the date of that determination to secure new counsel and have counsel enter an appearance with this court. Whether appointed or retained, new counsel shall enter an appearance with the clerk of this court within 10 days of the date of appointment or retention. Counsel shall, within 10 days of the date of appointment, file on behalf of this appellant, a transcript request form or certificate stating that no transcripts are required, and shall file the fast track statement and appendix within 60 days of appointment. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. | 02-14690 | |
| 09/17/2002 | Order/Incoming | Filed District Court Order. Certified copy of Order Appointing Counsel filed in district court on September 13, 2002. | 02-16214 | |
| 09/18/2002 | Notice/Incoming | Filed Status Report. Status Report from State Bar of Nevada re: attorney Herman Herbig. NOTE: This original document was placed in attorney Herbig's bar file. No copies were placed in the correspondence files for these cases. Nos. 38932, 38933, 38998 | ||
| 09/25/2002 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Mary Lou Wilson. | 02-16584 | |
| 09/25/2002 | Transcript Request | Filed Certificate of No Transcript Request. | 02-16585 | |
| 11/12/2002 | Fast Track Brief | Filed Fast Track Statement. | 02-19401 | |
| 11/14/2002 | Appendix | Filed Appendix to Fast Track Statement. - Joint Appendix. Vols. 1 and 2. | 02-19615 | |
| 12/03/2002 | Motion | Filed Motion and Order/Excess Pages. Granted: 11 pages. | 02-20684 | |
| 12/03/2002 | Fast Track Brief | Filed Fast Track Response. | 02-20685 | |
| 01/09/2003 | Notice/Incoming | Filed Status Report. Final Status Report from State Bar of Nevada re: attorney Herman Herbig. NOTE: This original document was placed in attorney Herbig's bar file. No copies were placed in the correspondence files for these cases. Nos. 38932, 38933, 38998 | ||
| 01/13/2003 | Order/Dispositional | Filed Order of Affirmance. We elect to consolidate these appeals for disposition. "ORDER the judgment of conviction AFFIRMED." fn11[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] fn12[Although this court has elected to file the joint appendix submitted, we note that it does not comply with the arrangement and form requirements of the Nevada Rules of Appellate Procedure. Counsel for both parties are cautioned that failure to comply with the requirements for appendices in the future may result in the appendix being returned, unfiled, to be correctly prepared and may also result in the imposition of sanctions by this court.] NNP03-RR/WM/MG. Nos. 38932/38933/38998. | 03-00591 | |
| 02/07/2003 | Remittitur | Issued Remittitur. | 03-00661 | |
| 02/07/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 02/20/2003 | Remittitur | Filed Remittitur. Received by County Clerk on February 14, 2003. | 03-00661 | |