| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 04/02/1999 | Filing Fee | Filing Fee Waived. | | |
| 04/02/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | | 99-02454
|
| 04/20/1999 | Order/Counsel | Filed Order/Fast Track/Counsel. Appellant filed his notice of appeal in proper person.This appeal is governed by NRAP 3C. Attorney George Franzen shall file the transcript request form within10 days and a fast track statement within 40 days. | | 99-03085
|
| 04/29/1999 | Letter/Incoming | Filed Letter. Letter regarding counsel for appellant in this case. | | 99-03443
|
| 05/18/1999 | Order/Counsel | Filed Order/Fast Track/Counsel. Appellant filed his notice of appeal in proper person. It appeared that appellant was represented by George Franzen. Upon further review, it has become apparent that appellant was represented by Lizzie Hatcher in the district court. Attorney Lizzie Hatcher shall file the transcript request form within10 days and a fast track statement within 40 days. fn1[George Franzen is relieved of any further obligation in respect to this appeal]. | | 99-04043
|
| 07/13/1999 | Order/Procedural | Filed Order/Fast Track. Counsel for appellant shall file the fast track statement and appendix within 10 days or show cause why counsel for appellant should not be sanctioned. | | 99-06241
|
| 10/29/1999 | Order/Counsel | Filed Order/Sanctions. Hatcher has failed to respond to this court's order of July 13, 1999.The imposition of a monetary sanction is appropriate. Hatcher shall personally pay the sum of $100.00 to the Supreme Court Law Library and provide the clerk with proof of said payment within 20 days Hatcher shall file and serve the fast track statement within 10 days or show cause why she should not be sanctioned further. (Mailed to attorney Hatcher by regular and certified mail). | | 99-10597
|
| 04/14/2000 | Order/Procedural | Filed Order. To date, attorney Hatcher has entirely disregarded seven orders of this court. We conclude that her failure to comply with this court's orders and NRAP 3C warrants additional sanctions in the sum of $1,000.00. Lizzie Hatcher shall personally pay the sum of $1,000.00 to the Supreme Court Law Library, and shall provide proof of such payment to the clerk of this court with 15 days from the date of this order. If Hatcher fails to comply with this order, further sanctions will be imposed. We further conclude that Hatcher's dilatory actions and neglect of her obligations to this court and her client require her removal as counsel of record. Because appellant should be represented by counsel, we remand these appeals to the district court for a determination of whether appellant is indigent. If the district court determines that appellant is indigent, it shall appoint new counsel to represent appellant in both these appeals within 30 days of the date of this order. If the district court determines that appellant is not indigent, the district court shall forthwith inform appellant of its determination. Appellant shall have 30 days from the date of the determination that he is not indigent within which to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court either (1) a copy of the written order of appointment of counsel, or of the minute order reflecting the date of appointment and the individual attorney appointed; or (2) a copy of the written or minute order determining that appellant is not indigent. If counsel is appointed, the clerk of the district court shall serve a copy of this order on the attorney appointed to represent appellant in this matter and provide proof of such service to the clerk of 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 his or her appointment or retention. Counsel shall, within 20 days of the date of his or her appointment, file on behalf of this appellant transcript request forms in compliance with NRAP 3C, or a certificate stating that no trancript are required in these appeals. Further, counsel shall file fast track statements within 60 days of his or her appointment. Thereafter, these appeals shall proceed in accordance with the provisions of NRAP 3C. Finally, Hatcher's conduct in these appeals warrants further scrutiny. Accordingly, Hatcher shall, within 20 days of this order, show cause why this matter should not be referred to the State Bar of Nevada for investigation and disciplinary proceedings pursuant to SCR 105. Fn1[This is in addition to the $200.00 in unpaid sanctions that were previously imposed.] (nos. 33981/34103) | | 00-06012
|
| 05/01/2000 | Order/Incoming | Filed District Court Order. Filed certified copy of order filed in district court on April 26, 2000, appointing Gary E. Gowen as counsel for appellant. | | 00-07057
|
| 05/02/2000 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Gary E. Gowen. | | 00-07131
|
| 05/08/2000 | Letter/Incoming | Filed Letter. Letter regarding Rough Draft Transcripts in case nos. 33981/34103. | | 00-07477
|
| 05/08/2000 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: August 31, 1998 and September 21, 1998. Court Reporter: Kathy Nelson. Filed in district court on: May 5, 2000. (33981/34103) | | 00-07478
|
| 05/30/2000 | Order/Procedural | Filed Order. On April 14, 2000, this court entered an order removing attorney Lizzie Hatcher as counsel of record and imposing monetary sanctions. This court also ordered Hatcher to show cause, within 20 days, why this matter should not be referred to the State Bar of Nevada for investigation purusant to SCR 105. Hatcher has failed to respond to our order. We refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. Nos. 33981, 34103. (Order mailed to attorney Hatcher by regular and certified mail). | | 00-09015
|
| 05/30/2000 | Transcript | Filed Transcript. Proceedings: 08/31/98 & 09/21/98. Court Reporter: Cathy Nelson (nos. 33981/34103 placed in 33981 file). | | 00-09107
|
| 06/14/2000 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 12/07/98 through 12/11/98 and 01/05/99. Court Reporter: Mary Beth Cook. Filed in district court on: June 8, 2000 (nos. 33981/34103). | | 00-10145
|
| 06/14/2000 | Motion | Filed Motion to Extend Time. (nos. 33981and 34103) | | 00-10146
|
| 06/14/2000 | Motion | Filed Motion for Excess Pages. (nos. 33981 and 34103). | | 00-10147
|
| 06/14/2000 | Transcript Request | Filed Request for Rough Draft Transcript(s). Transcripts requested: 12/07/98 through 12/11/98 and 01/05/99. Court Reporter: Kris Johnson. Filed in district court on: June 8, 2000. Nos. 33981 and 34103 (00-10148). | | |
| 06/30/2000 | Order/Procedural | Filed Order Granting Motion. The fast track statement and appendix shall be filed and served within 40 days of the date of this order. The motion for leave to file a fast track statement in excess of 10 pages is granted. Fn1[Although these appeals have not been consolidated, counsel for appellant filed identical motions in each case, and we are therefore resolving the motion in each case in one order]. (nos. 33981/34103) | | 00-11177
|
| 07/25/2000 | Notice/Outgoing | Issued Letter. --Returned, unfiled, with letter, proper person documents submitted by Marcia Hilboldt. (No signature on documents; appellant is represented by counsel.) | | 00-12917
|
| 08/17/2000 | Notice/Incoming | Filed Notice. Status Report from State Bar counsel. Report has been placed in attorney Hatcher's bar file. | | 00-14372
|
| 08/28/2000 | Order/Procedural | Filed Order/Fast Track. On June 30, 2000, this court entered an order directing counsel for appellant to file the fast track statements in each of these appeals on or before August 9, 2000. No fast track statement has been filed. Counsel for appellant shall file and serve the fast track statements and appendices within 10 days of this order or show cause why counsel for appellant should not be sanctioned. Nos. 33981, 34103. | | 00-15009
|
| 08/31/2000 | Motion | Filed Motion to Extend Time. Nos. 33981/34103. | | 00-15398
|
| 09/05/2000 | Motion | Filed Motion to Extend Time. Supplemental Motion to Enlarge Time to File Fast Track Statement (nos. 33981/34103). | | 00-15606
|
| 09/08/2000 | Order/Procedural | Filed Order Granting Motion. Counsel for appellant shall file and serve the fast track statement and appendix within 20 days of this order. Nos. 33981, 34103. | | 00-15852
|
| 11/01/2000 | Order/Procedural | Filed Order. To date, no fast track statements have been filed. Counsel for appellant shall file and serve the fast track statements and appendices within 10 days of this order or show cause why counsel for appellant should not be sanctioned. Nos. 33981, 34103-these cases are not consolidated. | | 00-19209
|
| 11/06/2000 | Transcript | Filed Transcript. Proceedings: December 9, 1998. Court Reporter: Kris Johnson. | | 00-19504
|
| 11/13/2000 | Motion | Filed Motion to Extend Time. (Third Motion) Nos. 33981 and 34103. | | 00-19854
|
| 11/22/2000 | Transcript | Filed Transcript. Proceedings: December 8, 1998 (Volume 2) and January 5, 1999. Court Reporter: Yvonne M. Valentin. | | 00-20507
|
| 12/05/2000 | Motion | Filed Motion to Extend Time. Supplement to Third Motion to Enlarge Time to File Fast Track Statement. Nos. 33981 and 34103. | | 00-21177
|
| 12/05/2000 | Order/Procedural | Filed Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of these appeals. We conclude that these appeals should be consolidated. Opening brief and appendix due: 60 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately documented supplemental appendix with the brief.] fn2[We suspend the requirement in NRAP 9 for counsel to file a certified transcript.] Answering brief and reply brief shall be filed in compliance with NRAP 31. fn3[The motions for an extension of time are denied as moot.] Nos. 33981, 34103. | | 00-21194
|
| 12/22/2000 | Other | Other. Received Final Status Report from Bar Counsel pursuant to order entered 5/30/00. Report has been placed in attorney Hatcher's Bar File. NOTE: No copy will be placed in the correspondence file for this case. Nos. 33981/34103 | | |
| 02/01/2001 | Motion | Filed Motion. Motion for Enlargement of Time to File Opening Brief and Request for Court's Assistance (nos. 33981/34103). | | 01-02170
|
| 03/08/2001 | Transcript | Filed Transcript. Proceedings: 12/7/98. Court Reporter: Kris Johnson. Nos. 33981/34103 (filed in 33981). | | 01-04277
|
| 05/17/2001 | Motion | Filed Motion to Extend Time. Appellant's Second Motion for Enlargement of Time to File Opening Brief. Nos. 33981/34103 | | 01-08220
|
| 08/16/2001 | Motion | Filed Motion to Extend Time. Nos. 33981/34103. | | 01-13983
|
| 10/04/2001 | Order/Procedural | Filed Order. Appellant has submitted numerous documents in proper person in these consolidate appeals. Because appellant is represented by counsel in these appeals we decline to grant appellant leave to file documents in proper person. The clerk of this court shall return, unfiled, all proper person documents submitted in these appeals after December 5, 2000. fn1[The clerk shall return the proper person documents received on December 13, 2000, February 22, 2001, May 9, 2001, June 22, 2001, June 29, 2001, and July 3, 2001.] From a review of the transcript request forms filed with this court and the transcripts that have been filed with this court, it appears that transcripts for proceedings held on December 10, 1998, and December 11, 1998, are the only requested transcripts that have not been filed with this court. fn2[These transcripts were filed only in docket Number 34103 as they were filed prior to the order consolidating these appeals. We note, however, that they are now part of the record for both appeals.] Court reporter Johnson shall have 20 days from the date of this order to prepare and file certified copies of the proceedings held on December 10, 1998 and December 11, 1998. If there is some reason those transcripts cannot be prepared and filed within that time, or if this court's record is not accurate on any of these matters, Ms. Johnson shall inform this court of the relevant facts with the same time period. Appellant shall file and serve the opening brief and appendix within 50 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). In light of this order, we deny as moot, appellant's motions for an extension of time to file and serve the opening brief and appendix. Nos. 33981/34103. (01-16685) | | 01-16685
|
| 10/04/2001 | Notice/Outgoing | Issued Letter. to appellant Charles Sanford. Returned unfiled, the Original proper person Memorandum dated December 7, 2000, received December 13, 2000; Motion for House Arrest and or Bail in Above Case Appeal Proceedings, received February 22, 2001; Memorandum for Direct Appeals Statement/Brief, received May 9, 2001; Motion for Leave to file Proper Person Memorandum II Complete Documentation-Trial Transcripts/District Court Minutes-Direct Appeal Supplements A/B and all Supreme Court Orders Full Briefing, received 6/29/01; Direct Appeals Statement/Brief A and B with numerous documents attached, received July 3, 2001. Nos. 33981/34103. | | |
| 10/16/2001 | Other | Returned Unfiled Document. Returned, with letter, Motion for Leave to file Pro-Per Motion Supplement Affidavit and Annex Authorities. Nos. 33981/34103. | | |
| 04/01/2002 | Notice/Incoming | Filed Notice. Notice of Court Reporter Non-Compliance and Motion to Set New Briefing Schedule. Nos. 33981/34103 | | 02-05808
|
| 04/15/2002 | Order/Procedural | Filed Order. As of the date of this order, Ms. Johnson has failed to file the transcripts of proceedings held on December 10, 1998 and December 11, 1998. Ms. Johnson shall prepare and file the required transcripts within 20 days from the date of this order. If for some reason those transcripts cannot be filed within that time, Ms. Johnson shall inform this court in writing of that fact and show cause why this court should not impose sanctions against her. In light of this order, appellant shall file and serve the opening brief and appendix within 50 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). fn1[We deny as moot appellant's April 1, 2002, 'Motion to set new briefing schedule.' Nos. 33981/34103. (02-36716) | | 02-06716
|
| 04/17/2002 | Letter/Incoming | Filed Letter. from Gary Gowan regarding transcripts. Nos. 33981/34103. | | 02-06885
|
| 05/15/2002 | Transcript | Filed Transcript. Proceedings: 12/10/98. Court Reporter: Kris Johnson Moore. Nos. 33981/34103. | | 02-08521
|
| 07/03/2002 | Order/Procedural | Filed Order. As of this date, Court Reporter Kris Johnson Moore has failed to file a copy of the December 11, 1998, transcript with this court. We once again direct Ms. Moore to file the transcript with the clerk of this court within 15 days of the date of this order or notify this court in writing if there is a reason the transcript cannot be prepared. Failure to comply may result in the imposition of sanctions. Appellant shall file and serve the opening brief within 30 days of the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 30(a)(1). On June 21, 2002, appellant submitted a proper person "Memorandum Letter." Because appellant is represented by counsel in this appeal, no action will be taken with regard to appellant's letter. Nos. 33981/34103 | | 02-11375
|
| 08/26/2002 | Transcript | Filed Transcript. Proceedings: 12/11/98. Court Reporter: Kris Johnson Moore. Nos. 33981/34103. (filed in 33981) | | 02-14578
|
| 09/11/2002 | Motion | Filed Motion to Extend Time. Nos. 33981/34103. | | 02-15799
|
| 09/11/2002 | Motion | Filed Motion for Excess Pages. Motion for Leave to File an Opening Brief having 36 Pages. Nos. 33981/34103. | | 02-15800
|
| 10/15/2002 | Order/Procedural | Filed Order. Order Granting Motions. On September 11, 2002, appellant filed a motion for an extension of time to file the opening brief and a motion for leave to file a brief in excess of 30 pages. Appellant submitted the opening brief and appendix along with those motions. Cause appearing, we grant those motions. Accordingly, the clerk of this court shall file the 37-page opening brief and the appendix received on September 11, 2002. Respondent shall file and serve the answering brief within 30 days from the date of this order. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). On August 26, 2002, September 24, 2002, and September 30, 2002, respectively, appellant submitted various proper person documents. Because appellant is represented by counsel in these appeals, we decline to grant appellant permission to file documents in proper person. See NRAP 46(b). Accordingly, the clerk of this court shall return, unfiled, the proper person documents referenced above. Appellant shall proceed through counsel in the prosecution of these appeals, and shall direct all questions or concerns regarding these appeals to counsel. Nos. 33981/34103 | | 02-17925
|
| 10/15/2002 | Brief | Filed Opening Brief. Nos. 33981/34103 | | 02-15802
|
| 10/15/2002 | Appendix | Filed Appendix to Opening Brief. Nos. 33981/34103 | | 02-15807
|
| 10/15/2002 | Other | Returned Unfiled Document. RETURNED, UNFILED per order filed 10/15/02, proper person "Memorandum Letter to Court" received on 8/26/02, "Memorandum to Court" received on 9/24/02, and "Supplemental Brief" received on 9/30/02. Nos. 33981/34103 | | |
| 11/15/2002 | Motion | Filed Motion and Order Extending Time. Brief due: November 21, 2002. Nos. 33981/34103 | | 02-19751
|
| 11/22/2002 | Brief | Filed Answering Brief. Mailed on: Express-No postmark. Nos. 33981/34103. | | 02-20205
|
| 01/13/2003 | Case Status Update | Briefing Completed. No reply brief filed. | | |
| 01/23/2003 | Order/Procedural | Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and these appeals shall stand submitted for decision as of the date of this order on the briefs filed herein. Nos. 33981/34103. (03-01239) | | 03-01239
|
| 01/23/2003 | Case Status Update | Submitted for Decision. Nos. 33981/34103. | | |
| 01/27/2003 | Motion | Filed Motion to Extend Time. Appellant's First Motion for Enlargment of Time to file Reply Brief. Nos. 33981/34103. (03-01391) | | 03-01391
|
| 01/28/2003 | Order/Procedural | Filed Order/Motion Granted in Part. On January 27, 2003, appellant filed an untimely motion requesting an extension of time until February 12, 2003, to file the reply brief. We grant the motion in part. Appellant shall have 7 days from the date of this order to file and serve the reply brief. Nos. 33981/34103. (03-01528) | | 03-01528
|
| 02/07/2003 | Motion | Filed Motion to Extend Time. Nos. 33981/34103 | | 03-02194
|
| 02/14/2003 | Motion | Filed Motion. Nos. 33981/34103. | | 03-02604
|
| 02/14/2003 | Motion | Filed Motion to Extend Time. Nos. 33981/34103. | | 03-02605
|
| 02/18/2003 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Affirming in Part, Reversing in Part, and Remanding. fn1[We grant appellant's motion for permission to file a late reply brief. The clerk of this court shall file the brief provisionally submitted with the motion. We deny appellant's motion for oral argument.] We 'ORDER the judgment of conviction AFFIRMED IN PART AND REVERSED IN PART AND WE REMAND this matter to the district court with instructions to vacate the deadly weapon sentence enhancement.' fn 22[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] SNP03-MS/ML/NB Nos. 33981/34103 | | 03-02754
|
| 02/18/2003 | Brief | Filed Reply Brief. Nos. 33981/34103 | | 03-02606
|
| 02/28/2003 | Motion | Filed Motion. Motion to Correct Order and to Publish Decision. Nos. 33981/34103 | | 03-03357
|
| 03/12/2003 | Notice/Incoming | Filed Notice of Change of Address. Attorney Gary Gowen. Nos. 33981/34103 | | 03-04148
|
| 03/21/2003 | Order/Procedural | Filed Order/Motion Granted in Part. Order Granting Motion to Correct and Denying Motion to Publish. On February 18, 2003, this court entered an Order Affirming in Part, Reversing in Part, and Remanding in these appeals. On February 28, 2003, appellant Charles Sanford filed a motion to correct that order and to publish it as an opinion. We grant the motion to correct and direct the clerk of this court to correct the dispositional order in these matters as follows. In the first full sentence on page 6 of the order, replace the second reference to 'Sanford' with the word 'counsel.' After considering the motion to publish, we conclude that publication is not warranted. We deny appellant's motion to publish the order as an opinion. Nos. 33981/34103. (03-04822) | | 03-04822
|
| 03/21/2003 | Remittitur | Issued Remittitur. | | 03-04841
|
| 03/21/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 04/01/2003 | Other | Returned Mail. Remittiturs issued on 03/21/03 and orders mailed on 02/18/03 and 03/21/03 to Gary Gowen returned by post office as undeliverable. Remailed all documents to corrected address. Nos. 33981/34103. | | |
| 04/03/2003 | Remittitur | Filed Remittitur. Received by County Clerk on March 24, 2003. | | 03-04841
|