| Case Information: 33939 | |||
| Short Caption: | CHACON (ROME) VS. STATE C/W 36158 | Court: | Supreme Court |
| Consolidated: | 33939*, 36158 | Related Case(s): | 36158 , 39149 , 39384 , 47444 , 74552 , 74552-COA |
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C105423 | Classification: | Criminal Appeal - Life - Post-Conviction/Proper Person |
| Disqualifications: | Case Status: | Remittitur Issued/Case Closed | |
| Replacement: | Panel Assigned: | Panel | |
| To SP/Judge: | SP Status: | ||
| Oral Argument: | Oral Argument Location: | ||
| Submission Date: | 09/13/1999 | How Submitted: | On Record |
| + Party Information |
| Docket Entries | ||||
| Date | Type | Description | Pending? | Document |
| 03/25/1999 | Filing Fee | Filing Fee Waived. | ||
| 03/25/1999 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. | 99-02158 | |
| 05/19/1999 | Order/Procedural | Filed Order/Transmit Record and Directing Response. Record due: 120 days. fn1--[The record shall not include any exhibits filed in the district court.] Nos. 33939, 33947, 33980, 33982, 33984, 34000, 34038. | 99-04099 | |
| 09/13/1999 | Record on Appeal Documents | Filed Record on Appeal Copy. Vols. 1 through 6. | 99-08573 | |
| 09/13/1999 | Case Status Update | Submitted for Decision. | ||
| 06/16/2000 | Order/Procedural | Filed Order/Show Cause. Docket No. 33939 is a proper person appeal from a district court order denying a post-conviction petition for a writ of habeas corpus. Docket No. 36158 is a proper person petition for a writ of mandamus seeking an order directing the district court to consider and resolve a post-conviction petition for a writ of habeas corpus which has been pending in the district court since 1995. We elect to consolidate these cases for purposes of this order. It appears that petitioner has set forth issues of arguable merit and that he may have no adequate legal remedy. The State, on behalf of respondent, shall have 30 days within which to show cause why a writ should not issue directing the district court to consider and resolve, on its merits, the petition filed January 26, 1995, and reconsider the petition filed February 22, 1999. Nos. 33939, 36158 (consolidated for purposes of this order). | 00-10256 | |
| 07/18/2000 | Motion | Filed Response to Order to Show Cause. Nos. 33939, 36158. | 00-12412 | |
| 08/16/2000 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Granting Petition for Writ of Mandamus and Order of Remand. On June 16, 2000, we consolidated these cases for disposition. Having considered the documents on file with this court, and the State's response to our order of June 16, 2000, " . . . we hereby grant the petition for a writ of mandamus." The clerk of this court shall issue a writ of mandamus in Docket No. 36158. fn1[We direct the district court to reconsider whether an appointment of counsel is warranted.] " . . . we reverse the district court's order of February 22, 1999, and we remand the matter in Docket No. 33939 for reconsideration after the district court resolves the original January 26, 1995, petition." fn2[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted. This order constitutes this court's final disposition of these matters and is entered without prejudice to petitioner's right to timely appeal from any adverse decision of the district court on remand resolving petitioner's post-conviction petitions. Any further proceedings shall be docketed as a new and separate proceeding.] SNP99B-WM/MS/NB Nos. 33939, 36158. | 00-14266 | |
| 09/12/2000 | Remittitur | Issued Remittitur. | 00-14498 | |
| 09/12/2000 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 10/06/2000 | Remittitur | Filed Remittitur. Received by County Clerk on October 2, 2000. | 00-14498 | |