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United States Court Cases

Nevada Supreme/Appellate Court Record

BEARD (GEORGE) VS. STATE

Case Information: 32560
Short Caption:BEARD (GEORGE) VS. STATECourt:Supreme Court
Related Case(s): 39738 , 40871
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR2886Classification: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:04/14/1999How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
06/18/1998Filing Fee Filing Fee Waived. Criminal.
06/18/1998Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Fast track notice mailed to all counsel.)
06/19/1998TranscriptFiled Transcript. Certified copy of Transcript of Proceedings: Trial, Vols. 1 through 4 (February 17, 1998 to February 23, 1998.) Court Reporter: Jeanie Wright.
06/19/1998TranscriptFiled Transcript. Certified copy of Transcript of Proceedings: Sentencing--5/19/98. Court Reporter: Cecily Krawczyk.
07/09/1998MotionFiled Motion. For Fast Track Statement in Excess of Ten Pages.
07/09/1998Fast Track BriefReceived Fast Track Statement. Fast Track Statement.
07/09/1998AppendixReceived Appendix. Appellant's Fast Track Appendix.
07/15/1998Other Incoming DocumentReceived Proper Person Document. Request for Permission to File Legal Arguments. (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
07/20/1998Order/ProceduralFiled Case Processing Order. On July 9, 1998, counsel for appellant filed a motion for leave to file a fast track statement in excess of 10 pages. The motion is granted. The clerk shall file, forthwith, the fast track statement submitted on July 9, 1998. Respondent shall have 20 days from the date of this order to file a fast track response of no more than 25 pages.
07/20/1998Fast Track BriefFiled Fast Track Statement.
07/20/1998AppendixFiled Appendix. Fast Track Appendix.
07/20/1998Other Incoming DocumentReceived Proper Person Document. Affidavit of George O'Conner Beard #57900 Request for Permission to Submit pursuant to, Nevada Rules of Appellant Procedure, 46(b). (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
07/22/1998MotionFiled Stipulation. For an additional 30 days and to file a 27 page Fast Track Response.
07/27/1998Order/ProceduralFiled Case Processing Order. On July 22, 1998, the parties to this appeal filed a stipulation whereby the parties agreed that respondent should have an additional 30 days to file a fast track response of no more than 27 pages. The stipulation is disapproved. This court's order of July 20, 1998, remains in effect. Respondent shall file a fast track response of no more than 25 pages not later than August 10, 1998.
07/27/1998Other Incoming DocumentReceived Proper Person Document. Belated Fast Track Statement, pur 3-6. (Original & 1 copy-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
08/03/1998Other Incoming DocumentReceived Proper Person Document. Permission and request for the consideration and privilege to submit his "Supplemental Brief in Support of his Fast Track Statement, and the Appendix, Submitted by, Glennen, III, in Conjunction with his record that he has filed with this court, and his affidavit of the same. NRAP, 46(b). (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
08/05/1998Other Incoming DocumentReceived Proper Person Document. Proposed Motion (Original & 1 copy.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
08/11/1998Fast Track BriefFiled Fast Track Response.
08/14/1998MotionFiled Motion. To Withdraw as Defendant's Attorney.
08/18/1998Order/ProceduralFiled Case Processing Order. We have determined that full briefing will assist the court in the disposition of this appeal. The appellant shall file and serve the opening brief within 40 days after the date of this order. 1[We hereby suspend the requirement in NRAP 9 for counsel to file a certified transcript in this appeal.] The answering brief and reply brief shall be filed in compliance with NRAP 31. Upon completion of briefing, the clerk shall schedule this appeal for oral argument: 30 minutes.
08/19/1998Other Incoming DocumentReceived Proper Person Document. Opposition to Withdrawal, of Robert E. Glennen III. (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
08/19/1998Other Incoming DocumentReceived Proper Person Document. Reply to respondents answer in opposition to the Fast Track statement and Appendix, In answer to Appellant's supplemental brief, and answer to the record that was created by Mr. Beard before the Nevada Supreme Court: (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
08/21/1998MotionFiled Motion. For Additional Time to Supplement Transcript.
09/21/1998Other Incoming DocumentReceived Proper Person Document. Affidavit of Michelle Beard and Janice Nell Six. 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
09/22/1998Order/ProceduralFiled Case Processing Order. On August 14, 1998, attorney Robert E. Glennen III filed a motion to withdraw as appellant's attorney. We deny attorney Glennen's motion to withdraw, and explicitly direct him to continue representing appellant herein. 1[On August 19, 1998, appellant submitted a proper person document entitled "opposition to withdrawal of Robert E. Glennen III." Appellant has yet to be granted leave to file papers in proper person, but we have nonetheless received and considered this particular document. We deny any relief sought by the Augsut 19, 1998, opposition.] We grant respondent's motion for additional time to file a supplemental transcript request form. The clerk shall forthwith file the request for supplemental transcript of proceedings attached to respondent's August 21, 1998, motion. Court reporter Jeannie Wright shall, within 30 days form this order, file and serve the requested transcript.
09/22/1998Transcript RequestFiled Request for Transcript of Proceedings. Supplemental Transcript of Proceedings. Court Reporter: Jeannie Wright.
09/22/1998Other Incoming DocumentReceived Proper Person Document. Motion for Bail Pending the Outcome of Mr. Beard's Appeals before the Nevada Supreme Court, Pursuant to NRA 178.488. (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
09/24/1998Other Incoming DocumentReceived Proper Person Document. Affidavit of Mary Ruth Beard and Janice Nell Six. (Received the original only.) (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
10/01/1998BriefFiled Brief. Appellant's Opening Brief. (Mailed on: 9/28/98).
10/07/1998Other Incoming DocumentReceived Proper Person Document. Motion and Permission to Submit "A", Supplemental Brief and additional Points and Authority's in Support of Appellants Opening Brief submitted by Mr. Robert W. Glennen III, before the Honorable Nevada Supreme Court, before the Hon. Chief Justice Springer (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
10/07/1998Other Incoming DocumentReceived Proper Person Document. *Affidavit of Mr. George O'Conner Beard, "Actual Facts and Additional Points and Authorities in Support of Mr. Beards Oral Argument after full briefing. (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
10/07/1998Other Incoming DocumentReceived Proper Person Document. *Motion to File a Supplemental Brief with Points and Authorities in Support of Appellant's Opening Brief, Pursuant to NRAP 31(d) and to file brief in excess of thirty pages (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
10/09/1998Other Incoming DocumentReceived Proper Person Document. Affidavit of: Kirk C. Cvetkovich (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
10/12/1998Other Incoming DocumentReceived Proper Person Document. Proposed Motion to Hold and Order "To Hold Michelle Beard's case in abeyance of Mrs. Beard's Hearing before the Fifth Judicial District Court in and for the County of Nye in Case No. #97-3579/Chd.Serv.4154." (Original & 2 copies-1 copy returned.) 10/19/98--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
10/13/1998TranscriptFiled Transcript. Certified Copy of Transcript of Proceedings. Court Reporter: Jeannie Wright.
10/19/1998Order/ProceduralFiled Case Processing Order. Although appellant Beard has not been granted permission to file any documents in proper person, the clerk of this court has received but not filed a total of 15 proper person documents form appellant. Because appellant is represented by competent counsel in this appeal, we decline to grant him permission to proceed in proper person. We direct the clerk of this court to return to appellant unfiled all proper person documents received to date in this appeal. Appellant shall proceed hereafter by and through counsel and shall address all concerns relating to this appeal to his court-appointed counsel.
10/19/1998Other Other. Returned unfiled to appellant George O'Conner Beard, with letter, the proper person documents received on the following dates: 7/15/98; 7/20/98; 7/27/98; 8/3/98; 8/5/98; 8/19/98; 8/19/98; 9/21/98; 9/22/98; 9/24/98; 10/7/98; 10/7/98; 10/7/98; 10/9/98; 10/12/98. (Original only of each document returned.)
11/03/1998Other Other. Returned letter from Michelle Beard with copy of 10/19/98 order per AH.
11/03/1998Other Other. Returned unfiled, "Judicial Notice" submitted by George Beard with copy of 10/19/98 order.
11/03/1998BriefFiled Brief. Respondent's Answering Brief. (Mailed on: 11/2/98). STRICKEN BY ORDER 4/1/99.
12/10/1998BriefFiled Brief. Appellant's Reply Brief. (Mailed on: 12/8/98).
01/13/1999Other Incoming DocumentReceived Proper Person Document. Affidavit (Original & 2 copies-1 copy returned.) 2/18/99--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
01/27/1999Other Incoming DocumentReceived Proper Person Document. Status Check/Judicial Notice (Original & 2 copies-1 copy returned.) 2/18/99--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
02/02/1999Other Incoming DocumentReceived Proper Person Document. Compliance with Chief Justice Springer, Order of October 19, 1998, and Judicial Notice of Adjudicated Facts: Permission /NRAP 46(b) (Original only.) 2/18/99--RETURNED ORIGINAL DOCUMENT UNFILED PER ORDER.
02/18/1999Order/ProceduralFiled Case Processing Order. On January 13, 1999, January 27, 1999, and February 2, 1999, appellant submitted proper person documents. The clerk shall return, unfiled, all proper person documents. The clerk of this court shall not receive any future proper person filings in this matter. We again instruct appellant to direct all concerns relating to this appeal to his court-appointed counsel.
02/18/1999Other Other. Returned unfiled with letter to appellant Beard: proper person Affidavit received January 13, 1999, proper person Status Check/Judicial Notice received January 27, 1999, and proper person Compliance with Chief Justice Springer, Order of October 19, 1998, and Judicial Notice of Adjudicated Fact: Permisison/NRAP 46(b) received February 2, 1999.
03/15/1999Notice/OutgoingIssued Notice. Oral Argument is scheduled for May 13, 1999 at the hour of 10:30 a.m.-1/2 hour in Las Vegas. (SNP-WM, DA, NB).
04/01/1999Order/ProceduralFiled Case Processing Order. This appeal is currently scheduled to be orally argued on May 13, 1999, at 10:30 a.m. in Las Vegas before the Southern Nevada panel. We have determined that respondent's answering brief is deficient in several respects. We hereby strike respondent's answering brief. Respondent's counsel shall, within 7 days from the date of this order, file an answering brief identical to the previously filed answering brief, except it shall correct the afforementioned deficiencies. Additionally, Robert W. Lane, Esq., shall, within 7 days from the date of this order, show cause why this court should not impose sanctions for failure to file an adequate answering brief. (STRICKEN by Order: Respondent's Answering Brief filed 11/3/98).
04/09/1999Other Other. Filed Respondent's Affidavit in Response to This Court's Order to Show Cause.
04/09/1999BriefFiled Brief. Respondent's Answering Brief. (Mailed on: 4/7/99).
04/14/1999Order/ProceduralFiled Case Processing Order. We have determined that oral argument in this appeal is not warranted. We vacate the oral argument currently scheduled in this matter for May 13, 1999. This matter shall stand submitted for decision on the briefs as of the date of this order.
04/14/1999Other Other. Case submitted on the briefs this day. SNP99A-WM/DA/NB.
04/14/1999Case Status Update Submitted for Decision.
04/15/1999Other Incoming DocumentReceived Proper Person Document. Opposition to (page 2 lines through 11) as per the Courts Order on April 1, 1999 by C.J. Rose (Received the original and 1).
04/19/1999Other Other. Returned, unfiled, proper person Opposition received on 04/15/99 with letter.
07/27/1999Other Other. Returned, unfiled, proper person "Motion" for Writ of Habeas Corpus for (Bail Bond) pending Appeal w/letter.
08/02/1999MotionFiled Motion. Submitted on Behalf of Client (Motion for Bail Pending the Outcome of Mr. Beard's Appeals before the Nevada Supreme Court, Pursuant to NRS. 174.488).
08/02/1999Other Other. Filed Document Submitted on Behalf of Client (Request to Submit, NRAP, 46(b): For Reconsideration as per the Order of April 1, 1999.
08/03/1999Other Other. Returned, unfiled, proper person "Motion" for Writ of Habeas Corpus for (Bail Bond) pending Appeal w/letter.
08/16/1999Order/ProceduralFiled Case Processing Order. Reversing in Part and Affirming in Part. ". . . we order that the unlawfully seized methamphetamine be suppressed and we reverse appellant's conviction for unlawful trafficking of a controlled substance (methamphetamine) (count I). We also reverse appellant's convictions for abuse and neglect of a child under NRS 200.508(2) (count III) and abuse, neglect of child, a gross misdemeanor under NRS 200.508(1) (count IV). We affirm appellant's convictions for unlawful possession for the purpose of sale of a controlled substance (marijuana) (count II), ex-felon in possession of a firearm (count VI) and ex-felon in possession of a firearm (count VII)." We order Robert S. Lane, Esq., to pay sanctions in the amount of One Hundred Dollars to the Nevada Supreme Court Law Library for failure to file an adequate brief and provide proof of payment to the clerk of this court within 60 days. SNP99A-WM/DA/NB.
09/02/1999Post-Judgment PetitionFiled Petition for Rehearing. Respondent's Petition for Rehearing. 01-20151
09/16/1999Other Other. Returned, unfiled, Appellant's Opposition to Respondent's Motion for Rehearing.
10/08/1999Letter/IncomingReceived Letter. From Attorney Robert Lane enclosing proof of payment of $100 sanctions.
11/04/1999Order/ProceduralFiled Case Processing Order. On August 2, 1999, appellant's counsel resubmitted both proper person documents and simply attached to each a cover sheet entitled "Motion Submitted on Behalf of Client." We deny both motions. Fn1[This court rendered a decision herein on August 16, 1999, rendering the request for bail pending the outcome of this appeal moot. We decline to reconsider our previous decision regarding appellant's request to file documents prusuant to NRAP 46(b)]. We caution appellant's counsel that the resubmission of proper person documents without review or revision may result in the imposition of sanctions against counsel.
07/03/2000Letter/IncomingReceived Letter. From Attorney Robert E. Glennen re documents filed in 1999.
12/11/2000MotionFiled Motion. Appellant's Motion for Release or Bail Pending Appeal. 00-21600
12/18/2000Notice/IncomingFiled Errata. To Appellant's Motion for Release or Bail Pending Appeal. 00-22065
05/03/2001Other Returned Unfiled Document. Letter dated April 24, 2001.
05/17/2001MotionFiled Motion to Extend Time. Motion for Leave to File Late Brief. 01-08275
01/22/2002MotionFiled Motion. Request for Oral Argument. 02-01394
02/25/2002MotionFiled Motion. Request for Court to Order Answer to Petition for Rehearing. 02-03530
03/07/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." fn1[We direct the clerk of this court to issue the remittitur forthwith. Further, we deny as moot all pending motions in this matter.] WM/DA/NB 02-04110
03/07/2002Other Returned Unfiled Document. Pursuant to order filed 03/07/02, returned, unfiled, with letter, "Opposition to Appellant's Motion for Release or Bail Pending Appeal." 01-07992
03/07/2002RemittiturIssued Remittitur. 02-04113
03/07/2002Case Status Update Remittitur Issued/Case Closed.
03/18/2002RemittiturFiled Remittitur. Received by County Clerk on March 11, 2002. 02-04113
03/20/2003Order/ProceduralFiled Order. On August 16, 1999, this court entered an order reversing in part and affirming in part the judgment of conviction entered by the district court. After denying respondent's petition for rehearing of that order, the remittitur was issued on March 7, 2002, and this court's jurisdiction over this case ended. On August 30, 2002, appellant submitted a proper person document seeking permission under NRAP 46(b) to file a proper person motion for clarification of this court's August 16, 1999, order. We again decline to grant appellant permission to file documents in proper person. The clerk of this court shall return, unfiled, the proper person document received on August 30, 2002. 03-04778
03/20/2003Notice/OutgoingIssued Letter. to appellant George O'Copnner Beard. Returned unfiled, the original "Proper Person Request for Permission to Submit Pursuant to N.R.A.P. 46(b); Motion for Clarification of the Nevada Supreme Court's August 16, 1999 Order" received on August 30, 2002.