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United States Court Cases

Nevada Supreme/Appellate Court Record

GONZALES (RALPH) VS. STATE

Case Information: 36908
Short Caption:GONZALES (RALPH) VS. STATECourt:Supreme Court
Related Case(s): 29498 , 57707 , 66020
Lower Court Case(s):Clark Co. - Eighth Judicial District - C133691Classification:Criminal Appeal - Other - Post-Conviction/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: En Banc
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:08/28/2002How 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 Fast Track. (Fast track notice mailed to trial counsel.) 00-18751
10/26/2000Notice/OutgoingIssued Notice of Redesignation of Appeal. Upon further review, it has been determined that this is not a fast track appeal.
01/05/2001Order/ProceduralFiled Order/Transmit Record and Directing Response. Record due: 120 days. fn1[The record shall not include any exhibits filed in the district court.] Nos. 36603, 36743, 36793, 36817, 36908, 36945, 36974. 01-00248
02/20/2001Record on Appeal DocumentsFiled Record on Appeal Copy. Volumes 1 through 9. Mailed on: 02/15/01. 01-03157
02/20/2001Case Status Update Submitted for Decision.
07/23/2002Order/ProceduralFiled Order. Directing filing of Supplemental Points and Authorities and Requesting Participation of Amicus Curiae. Because this appeal presents an issue of first impression, this court has determined that additional briefing is warranted. The attorney general, on behalf of the State, shall have 30 days from the date of this order to file and serve upon the federal public defender and appellant points and authorities addressing whether this court should extend its holding in Kellogg to post-conviction filings. fn1[The State's brief shall conform to this court's appellate rules pertaining to the filing of answering briefs. Although the federal public defender apparently was not formally appointed to represent appellant in this state court proceeding, that Office did file papers below on appellant's behalf opposing the State's motion to dismiss the post-conviction petition as procedurally barred. We hereby request the federal public defender's participation in this matter as amicus curiae. Should the federal public defender elect to submit an amicus brief on appellant's behalf addressing the above-noted issue, the brief shall be filed in this court and served upon the State and appellant within 30 days of the date of this order. fn3[The attorney general and federal public defender shall each serve the other, as well as appellant, with any papers hereafter filed in this matter.] 02-12584
08/22/2002BriefFiled Supplemental Authorities. Filed Points and Authorities Submitted Pursuant to Court's Order. 02-14431
08/26/2002MotionFiled Motion to Extend Time. Unopposed Motion Seeking to Excuse One-Day Late Filing of Amicus Curiae Brief. 02-14674
08/26/2002BriefReceived Amicus Brief. Amicus Curiae Brief of Federal Public Defender for the District of Nevada. 02-14620
08/28/2002Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 26, 2002. The clerk shall file the amicus curiae brief received on august 26, 2002. 02-14764
08/28/2002BriefFiled Amicus Brief. Amicus Curiae Brief of Federal Public Defender for the District of Nevada. 02-14620
08/28/2002Case Status Update Submitted for Decision.
09/13/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed." fn19[We have considered all proper person docments filed or received in this amtter, and we conclude that the relief requested is not warranted.] Before the Court En Banc. Per Curiam. 118 Nev. Adv. Opn. No. 61. EN BANC 02-16003
10/01/2002Post-Judgment PetitionFiled Petition for Rehearing. Mailed on: September 30, 2002. 02-16998
10/30/2002Post-Judgment OrderFiled Order/Rehearing Denied. "Rehearing denied." NRAP 40(c). En Banc-Young, Shearing, Agosti, Rose, Leavitt, and Becker, JJ. Maupin, C.J., dissenting. 02-18658
11/26/2002RemittiturIssued Remittitur. 02-18868
11/26/2002Case Status Update Remittitur Issued/Case Closed.
12/20/2002RemittiturFiled Remittitur. Received by County Clerk on December 3, 2002. 02-18868