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United States Court Cases

Nevada Supreme/Appellate Court Record

WHITE (DARRYL) VS. STATE

Case Information: 35225
Short Caption:WHITE (DARRYL) VS. STATECourt:Supreme Court
Related Case(s): 40202 , 40592 , 40870 , 41011
Lower Court Case(s):Clark Co. - Eighth Judicial District - C153314Classification: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:08/06/2001How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
12/02/1999Filing Fee Filing Fee Waived.
12/02/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-12063
12/06/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. 99-12204
12/15/1999Order/CounselFiled Order/Fast Track/Counsel. Appellant filed his notice of appeal in proper person.This appeal is governed by NRAP 3C. Attorney Lizzie Hatcher shall file the transcript request form within 10 days and a fast track statement within 40 days. 99-12702
12/17/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. 99-12803
01/21/2000Order/ProceduralFiled Order. On January 10, 2000, this court received documents from appellant in proper person informing this court that William L. Wolfbrandt, Jr. has been appointed as appellant's counsel, and that Lizzie R. Hatcher is no longer representing appellant in this appeal. Wolfbrandt shall have 10 days from the date of this order to file the rough draft transcript request form in the district court and 40 days to file the fast track statement in this court. If Wolfbrandt has not been appointed to represent appellant, he shall so inform this court in writing within 10 days of the date of this order. 00-00980
03/13/2000MotionFiled Motion. Motion to Withdraw as Attorney of Record. 00-03896
03/23/2000TranscriptFiled Transcript. Proceedings: August 16, 17, 19, 20, 23, 1999; August 17, 1999; August 19, 1999; August 20, 1999; August 23, 1999; November 17, 1999. Court Reporter: Cathy Nelson. 00-04680
04/04/2000Order/ProceduralFiled Order/Fast Track. On January 21, 2000, this court mistakenly entered an order relieving Hatcher of her responsibilities pursuant to NRAP 3C(b), and directing Wolfbrandt to file the fast track statement on behalf of appellant. Hatcher may not withdraw until she has fulfilled the obligations placed on trial counsel by NRAP 3C(b). Hatcher shall file and serve the fast track statement and appendix within 30 days or show cause why Hatcher should not be sanctioned. fn1[On March 13, 2000, Wolfbrandt filed a motion to withdraw as attorney of record. The motion is granted.] 00-05417
05/22/2000Notice/OutgoingIssued Letter. Letter from the Chief Assistant Clerk of Court to appellant Darryl L. White. Mr. White's letter dated May 12, 2000, addressed to Chief Justice Robert E. Rose, referred to the clerk's office for response.
06/12/2000Order/ProceduralFiled Order. Hatcher has failed to respond to this court's order of April 4, 2000. We conclude that the imposition of a monetary sanction is appropriate. Hatcher shall personally pay the sum of $100.00 to the Supreme Court law Library and provide the clerk of this court with proof of said payment within 20 days of the date of this order. Hatcher shall file and serve the fast track statement within 10 days of this order or show cause why Hatcher should not be sanctioned further. 00-09843
07/10/2000MotionFiled Motion to Extend Time. 00-11747
08/07/2000MotionFiled Motion. from Attorney Lizzie Hatcher. 00-13600
08/14/2000Order/ProceduralFiled Order. On July 10, 2000, counsel for appellant filed a motion for an extension of time to file the fast track statement or alternatively, to withdraw as counsel. On August 7, 2000, Hatcher filed a motion to withdraw as counsel. Counsel may not withdraw until he or she has fulfilled the obligations set forth in NRAP 3C(b). The motion is therefore denied. Under the unique circumstances of this case, this court directs the district court to provide copies of the transcripts to Hatcher at state expense. Hatcher shall, within 40 days of this order, file the fast track statement and appendix or show cause why she should not be sanctioned. 00-14202
09/25/2000MotionFiled Motion to Extend Time. 00-16849
10/13/2000Order/ProceduralFiled Order Granting Motion. Counsel for appellant shall file and serve the fast track statement and appendix within 20 days of this order. 00-18148
11/15/2000MotionFiled Motion to Extend Time. 00-20006
11/15/2000Fast Track BriefReceived Fast Track Statement. 00-20008
12/05/2000Order/ProceduralFiled Order. The clerk of this court shall return the proposed fast track statement unfiled. The motion for an extension of time in which to file the fast track statement is granted. Counsel for appellant shall file and serve a fast track statement and appendix that comport with the requirements of NRAP 3C within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 00-21217
12/05/2000Other Returned Unfiled Document. 00-20008
01/02/2001AppendixReceived Appendix. Appellant's Appendix to Fast Track Statement. 01-00056
01/05/2001Notice/IncomingFiled Proof of Service. Certificate of Mailing of Appellant's Appendix to Fast Track Statement. 01-00292
01/05/2001MotionFiled Motion to Extend Time. 01-00293
01/23/2001Order/ProceduralFiled Order Granting Motion. The clerk of this court shall filed, forthwith, the fast track statement and appendix provisionally submitted on January 2, 2001. 01-01428
01/23/2001Fast Track BriefFiled Fast Track Statement. 01-00055
01/23/2001AppendixFiled Appendix to Fast Track Statement. 01-00056
03/06/2001Order/ProceduralFiled Order/Fast Track. To date, no fast track response has been filed. Respondent shall file and serve the fast track response and appendix within 10 days of this order or show cause why counsel for respondent should not be sanctioned. 01-04080
03/13/2001MotionFiled Motion to Extend Time. 01-04486
03/13/2001Fast Track BriefFiled Fast Track Response. 01-04487
03/15/2001Order/Clerk'sFiled Clerk's Order. On March 13, 2001, respondent file the fast track response and a motion to extend the time to file the fast track response. The fast track response having been filed on March 13, 2001, pursuant to the court's order of March 6, 2001, the motion to extend time is denied as moot. 01-04586
03/16/2001MotionFiled Motion. 01-04740
03/26/2001Order/CounselFiled Order/Remand for Designation of Counsel. On March 16/2001, counsel for appellant, Lizzie Hatcher, file a motion to withdraw as counsel of record. Because counsel has fulfilled the obligations placed on trial counsel by NRAP 3CD(b), the motion is granted. fn1[The granting of this motion is conditioned upon trial counsel's full cooperation with appellate counsel. We note that attorney Hatcher has not yet paid the $100.00 sanction imposed by this court on June 12, 2000.] 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, the 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. If appellate counsel determines that a supplemental fast track statement is necessary, appellate counsel shall have 20 days from the date of his or her appointment to file and serve a supplemental fast track statement. The district court clerk shall have 20 days from the date of this order to transmit to the clerk of this court Exhibits 8, 9, 11, 12, and 13 for this court's consideration. 01-05255
04/30/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: William J. Taylor (copy of district court order appointing William J. Taylor filed on 4/25/02 attached). 01-07199
05/23/2001Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on April 25, 2001, appointing William J. Taylor as counsel for appellant. 01-08684
06/18/2001MotionFiled Motion to Extend Time. Motion for Enlargement of Time to File Supplement Briefs and Request for Documents. 01-10140
06/21/2001Order/ProceduralFiled Order/Motion Granted in Part. On June 18, 2001, over fifty days after his appointment, Mr. Taylor filed a motion for an extension of time to file a supplemental fast track statement. We conclude that counsel for appellant has demonstrated extreme need or merit for an extension of time, but than an extension of 90 days is not warranted. We grant the motion in party and deny the motion in part. Counsel for appellant shall have 30 days from the date of this order to file and serve a supplemental fast track statement. 01-10520
07/23/2001MotionFiled Response to Order to Show Cause. Response to Order of June 21, 2001, regarding Supplemental Fast Track Statement. 01-12437
08/06/2001Order/ProceduralFiled Order/Submit on Briefs. On June 21, 2001, this court ordered appellate counsel for appellant to file and serve a supplemental fast track statement on or before July 23, 2001. On July 23, 2001, appellant's counsel filed a response to this court's order in which counsel informs this court that there are not material issues to be considered that were not raised in the original fast track statement. Counsel further informs this court that he 'has been directed by his client to move for another extension of time to file a supplemental fast track statement.' No good cause having been shown, the motion for an additional extension of time is denied. This appeal shall stand submitted as of the date of this order, on the record and briefs filed herein. 01-13222
08/06/2001Case Status Update Submitted for Decision.
08/08/2001Order/DispositionalFiled Order of Affirmance. 'ORDER the judgment of conviction AFFIRMED.' fn12[We have considered all proper person documents filed or received in this matter, and we conclude that the relief requested is not warranted.] SNP01A-CY/ML/NB 01-13389
09/05/2001RemittiturIssued Remittitur. Returned Exhibits: 8, 9, 11, 12 and 13 (photographs) this day. 01-13470
09/05/2001Case Status Update Remittitur Issued/Case Closed.
09/17/2001RemittiturFiled Remittitur. Received by County Clerk on September 7, 2001. 01-13470
02/28/2002Notice/IncomingFiled Notice. --attorney William J. Taylor. (No action required.) 02-03702