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United States Court Cases

Nevada Supreme/Appellate Court Record

KELLY (GARRETT) VS. STATE

Case Information: 36909
Short Caption:KELLY (GARRETT) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C167532Classification: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:01/24/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
10/23/2000Filing Fee Filing Fee Waived.
10/23/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-18752
11/03/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 00-19361
01/04/2001Order/CounselFiled Order/Remand for Designation of Counsel. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, district court shall have 30 days to appoint counsel. Otherwise, district court shall order that within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. District court clerk: 5 days to transmit district court order to this court and serve a copy of this order of remand on appellant's counsel. Counsel: 10 days to enter appearance. fn1[All filing deadlines shall run from the date on which counsel enters an appearance with this court.] 01-00184
03/29/2001Notice/IncomingFiled Notice. Appointment of Counsel. Robert O. Kurth Jr. is appointed. 01-05530
04/02/2001Order/IncomingFiled District Court Order. Certified copy of Order Appointing Counsel filed in district court on February 20, 2001. 01-05603
04/26/2001Order/ProceduralFiled Order. To date, attorney Kurth has not filed a notice of appearance with this court. Attorney Kurth, shall have 10 days from the date of this order to file a notice of appearance. All filing deadlines shall commence to run from the date the notice of appearance is filed with this court. Failure to comply timely with this order may result in the imposition of sanctions. 01-07011
05/07/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Robert O. Kurth, Jr. (Docketing Statement mailed to counsel for appellant.) 01-07625
05/21/2001Notice/IncomingFiled Notice. Notice of Appointment of Counsel. Robert Kurth, Jr. for Appellant. 01-08368
07/06/2001Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days of the date of this order, file and serve the required documents. 01-11366
07/23/2001MotionFiled Motion to Extend Time. Motion for Extension of Time to File Transcripts and Docketing Statement. 01-12487
07/23/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 7/18/00; 8/7/00; 9/28/00 and 10/10/00. To Court Reporter: Dept. XIV. 01-12488
08/08/2001Order/ProceduralFiled Order Denying Motion. On July 23, 2001, attorney Kurth filed a transcript request form requesting preparation of transcripts "for any and all recorded proceedings . . . ." We note that the district court minutes reveal that proceedings were held on June 1, 2000; July 31, 2000; August 7, 2000; September 28, 2000; and September 29, 2000, and were recorded by court reporters Maureen Schorn and Joe D'Amato. Accordingly, Schorn and D'Amato shall file certified copies of those transcripts within 30 days of this order. If those dates are incorrect or not needed, appellant shall file an amended transcript request form within 10 days of the date of this order. Appellant also requested an extension of time to file the docketing statement. We deny appellant's motion. In the interest of justice, however, appellant shall file and serve the docketing statement within 15 days of the date of this order. 01-13381
08/24/2001Docketing StatementFiled Docketing Statement. 01-14403
08/24/2001Transcript RequestFiled Request for Transcript of Proceedings. Amended Request for Transcript of Proceedings. Transcripts requested: 06/01/00; 07/31/00; 08/07/00; 09/28/00; 09/29/00; and 10/10/00. To Court Reporters: D'Amato and Schorn 01-14404
09/10/2001TranscriptFiled Transcript. Proceedings: August 7, 2000. Court Reporter: Maureen Schorn. 01-15207
09/25/2001Letter/IncomingFiled Letter. from Joseph D'Amato requesting extension of time to file transcripts in case nos. 36909/38187/38262/38330/38392 - case are not consolidated. 01-16184
10/16/2001Order/ProceduralFiled Order Granting Motion. September 25, 2001. On September 25, 2001, Mr. D'Amato filed a letter requesting an extension of time to file transcripts in several cases, including this appeal. We elect to treat Mr. D'Amato's letter as a motion in this case, and grant that motion. Mr. D'Amato shall file the requested transcripts within 30 days from the date of this order. We note that Mr. D'Amato submitted one letter which simply listed seven case titles, only two of which were accompanied by supreme court docket numbers. One of those listed with only a district court number, 'State v. Extrada C177314X,' does not appear to correspond to any active case pending in this court. Accordingly, no action will be taken with regard to that case. Additionally, we note that a separate request should be submitted for each separate docket number and that each case name and docket number should be clearly identified in any such request. 01-17444
02/20/2002Order/ProceduralFiled Order. To date, this court has only received the transcript for proceedings conducted on August 7, 2001. Mr. D'Amato and Ms. Schorn shall have 20 days from the date of this order to prepare and file the remaining requested transcripts. If more time is needed to complete the preparation of the transcripts, Mr. D'Amato and Ms. Schorn shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Mr. D'Amato and Ms. Schorn, shall notify this court, in writing, of this fact. 02-03239
03/21/2002TranscriptFiled Transcript. Proceedings: 9/29/00 . Court Reporter: Joseph D'Amato. 02-05043
10/23/2002Order/ProceduralFiled Order. The transcripts for proceedings conducted on August 7, 2000, and September 29, 2000, have been filed with this court. The proceedings schedule for June 6, 2000; July 31, 2000; and September 28, 2002, were all continued and there were no proceedings conducted on October 10, 2000. We conclude that all transcripts necessary for the review of this appeal have been filed with this court. Appellant shall have 15 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 02-18358
12/02/2002MotionFiled Motion to Extend Time. 02-20571
12/02/2002Notice/IncomingFiled Proof of Service. (Opening Brief). 02-20573
12/10/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed December 2, 2002. The clerk shall file the opening brief and appendix received on November 19, 2002, and the answering brief received on December 3, 2002. Appellant shall have 30 days from the date of this order to file and serve a reply brief. 02-21064
12/10/2002BriefFiled Opening Brief. Mailed on 11/18/02. 02-19883
12/10/2002AppendixFiled Appendix to Opening Brief. 02-19885
12/10/2002BriefFiled Answering Brief. Mailed on Express-No postmark. 02-20680
01/22/2003Case Status Update Briefing Completed. No reply brief filed.
01/24/2003Order/ProceduralFiled 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. 03-01313
01/24/2003Case Status Update Submitted for Decision.
02/27/2003Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." SNP03-MS/ML/NB 03-03244
03/25/2003RemittiturIssued Remittitur. 03-03401
03/25/2003Case Status Update Remittitur Issued/Case Closed.
04/03/2003RemittiturFiled Remittitur. Received by County Clerk on March 27, 2003. 03-03401