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United States Court Cases

Nevada Supreme/Appellate Court Record

TYLER (GILBERT) VS. STATE C/W 38932/38998

Case Information: 38933
Short Caption:TYLER (GILBERT) VS. STATE C/W 38932/38998Court:Supreme Court
Consolidated: 38932 *, 38933, 38998
Lower Court Case(s):Washoe Co. - Second Judicial District - CR011322Classification: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
DateTypeDescriptionPending?Document
12/14/2001Filing Fee Filing Fee Waived.
12/14/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person Fast Track. (Fast track notice mailed to trial counsel.) 01-21122
12/18/2001Notice of Appeal DocumentsFiled 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.) 01-21323
12/18/2001Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
12/20/2001MotionFiled Motion. Motion to be Relieved as Counsel on Appeal and Motion, pursuant to NRAP 2, for Suspension of Filing Deadlines Pending this Court's Ruling on the Instant Motion. 01-21460
01/02/2002Notice of Appeal DocumentsFiled Case Appeal Statement. Certified copy filed in district court on: December 26, 2001. 02-00021
01/10/2002Order/ProceduralFiled Order Granting Motion. On December 20, 2001, the Washoe County Public Defender filed a motion to be relieved as counsel on appeal. The motion is granted and the Washoe County Public Defender is relieved of any further obligation with respect to this appeal. Mr. Herbig is ordered to comply with NRAP 3C and within 10 days from the date of this order, file a transcript request form or a certificate stating that no transcript is required and shall file a fast track statement and appendix within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 02-00730
02/25/2002Order/ProceduralFiled Order. 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. 02-03456
03/11/2002TranscriptFiled Transcript. Proceedings: October 1, 2001. Court Reporter: Joan Marie Dotson. Nos. 38922/38933/38998 - filed in case no. 38932.
04/11/2002Order/CounselFiled Order/Sanctions. Mr. Herbig has failed to respond to this court's order of February 25, 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 the date of this order or show cause why he should not sanctioned further. 02-06456
06/05/2002Order/CounselFiled Order/Sanctions. On April 11, 2002, we imposed a monetary sanction in the amount of $500.00. We further ordered Mr. Herbig to file the fast track statement on or before April 22, 2002. Mr. Herbig has again failed to respond to this court's order. We conclude that the imposition of an additional monetary sanctions is appropriate. Mr. Herbig shall personally pay the sum of $1,000.00 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 this order. fn1[This amount is in addition to the previously-imposed sanction which is unpaid and overdue.] Mr. Herbig shall file and serve the fast track statement (and appendix) within 10 days of the date of this order or show cause why he should not be sanctioned further, including referral to the State Bar of Nevada for investigation and possible disciplinary action. 02-09835
07/30/2002Order/ProceduralFiled Order. Mr. Herbig has again failed to respond to the order filed June 5, 2002. 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. 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 the determination of whether appellant is indigent. If appellant is indigent, it shall appoint new counsel within 30 days of the date of this order. If appellant is not indigent, the district court shall forthwith inform appellant of its determination. Appellant shall have 30 days from the date that he is not indigent 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 (2) a copy of the written or minute order 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 and provide proof of such service to the clerk of this court. Whether appointed or retained, new counsel shall enter an appearance with this court within 10 days of his or her appointment or retention. Counsel shall, within 10 days of the date of his or her appointment file a transcript request form in compliance with NRAP 3C, or certificate 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. 02-13079
09/17/2002Order/IncomingFiled District Court Order. Certified copy of Order Appointing Counsel filed in district court on September 13, 2002. 02-16189
09/18/2002Notice/IncomingFiled 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
09/25/2002Notice/IncomingFiled Notice of Appearance. Representing appellant: Mary Lou Wilson. 02-16590
09/25/2002Transcript RequestFiled Certificate of No Transcript Request. 02-16591
11/14/2002Fast Track BriefFiled Fast Track Statement. 02-19616
11/14/2002AppendixFiled Appendix to Fast Track Statement. - Joint Appendix. Vols. 1 and 2. 02-19617
12/03/2002MotionFiled Motion and Order/Excess Pages. Granted: 11 pages. 02-20688
12/03/2002Fast Track BriefFiled Fast Track Response. 02-20689
01/09/2003Notice/IncomingFiled 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
01/13/2003Order/DispositionalFiled 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. 03-00590
02/07/2003RemittiturIssued Remittitur. 03-00660
02/07/2003Case Status Update Remittitur Issued/Case Closed.
02/20/2003RemittiturFiled Remittitur. Received by County Clerk on February 14, 2003. 03-00660