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United States Court Cases

Nevada Supreme/Appellate Court Record

BROOKS (SCOTT) VS. STATE

Case Information: 36816
Short Caption:BROOKS (SCOTT) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C167053Classification: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:01/31/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/28/2000Filing Fee Filing Fee Waived.
09/28/2000Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. 00-17176
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.] 01-00183
03/01/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Gary E. Gowen. (Docketing Statement mailed to counsel for appellant.) 01-03830
03/01/2001Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 6/27/00; 7/3/00; 8/24/00; and 11/06/00. To Court Reporters: Shirlee Prawalsky; Tina Smith; and Carrie Hansen. 01-03831
05/07/2001TranscriptFiled Transcript. Proceedings: 7/3/00. Court Reporter: Tina Smith. 01-07632
05/08/2001Letter/IncomingFiled Letter. from attorney Gary Gowen stating that he has not yet received any transcripts. 01-07691
05/21/2001Notice/IncomingFiled Notice. Notice of Appointment of Counsel. Gary Gowen for Appellant. 01-08366
05/23/2001Letter/IncomingFiled Letter. from attorney Gary Gowen enclosing duplicates of Notice of Appearance of Court Appointed Counsel and Request for Transcript of Proceedings (both filed in this court on 3/1/01). 01-08654
07/11/2001Order/ProceduralFiled Order. To date, Shirlee Prawalsky and Carrie Hansen have not filed the transcripts requested of them. Ms. Prawalsky and Ms. Hansen shall have 20 days from the date of this order to prepare and file the transcripts requested of them. If more time is needed to complete the preparation of the transcripts, Ms. Prawalsky and Ms. Hansen shall, within the same time period, file a motion with this court requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, Ms Prawalsky and Ms. Hansen shall notify this court, in writing, of this fact. 01-11647
07/23/2001Letter/IncomingFiled Letter. from Court Reporter Shirlee Prawalsky regarding the order filed on July 16, 2001. 01-12483
07/23/2001TranscriptFiled Transcript. Proceedings: 08/24/00; 06/27/00; and 11/06/00. Court Reporter: Shirlee Prawalsky. 01-12484
08/16/2001MotionFiled Motion to Extend Time. 01-13964
08/23/2001Notice/OutgoingIssued Letter. in response to letters received from Gary E. Gowen dated May 4, 2001 and May 21, 2001.
08/23/2001Notice/OutgoingIssued Letter. in response to letter received from Court Reporter Shirlee Prawalski dated July 17, 2001.
08/28/2001Order/ProceduralFiled Order Granting Motion. On August 16, 2001, Mr. Gowen filed a motion for an extension of time to file a fast track statement. This is a direct appeal from a judgment of conviction and a sentence of life and is therefore not subject to NRAP 3C. We elect to treat Mr. Gowen's motion as a motion for an extension of time to file and serve the docketing statement and the opening brief and appendix. We grant the motion. Appellant shall have 30 days from the date of this order to file and serve the docketing statement and the opening brief and appendix. (Docketing statement mailed to counsel for appellant.) 01-14578
11/27/2001Order/ProceduralFiled Order. To date, appellant has failed to file the docketing statement and the opening brief and appendix. Appellant shall have 10 days from the date of this order to file and serve the docketing statement and the opening brief and appendix or show cause why sanctions should not be imposed against appellant's counsel. (Docketing statement mailed to counsel for appellant). 01-19833
01/18/2002MotionFiled Motion to Extend Time. 02-01288
02/06/2002Order/ProceduralFiled Order Granting Motion. On January 18, 2002, appellant filed an untimely motion for an extension of time to file the docketing statement. We grant the motion. The clerk of this court shall file the docketing statement received on January 18, 2002. 02-02393
02/06/2002Docketing StatementFiled Docketing Statement. 02-01289
04/22/2002MotionFiled Motion to Extend Time. 02-07164
05/08/2002MotionFiled Motion to Dismiss Appeal. 02-08041
06/20/2002MotionFiled Motion to Extend Time. Motion to Enlarge the Time within which Appellant must file his Opposition to the State's Motion to Dismiss. 02-10745
09/23/2002MotionFiled Motion. Motion for Leave to Amend Opening Brief and Appendix. 02-16456
10/08/2002Order/ProceduralFiled Order. We grant the motion of September 23, 2002. The clerk of this court shall file the opening brief and appendix provisionally submitted on that date. We caution attorney Gowen that should similar procedural derelictions occur in the future, this court will not hesitate to require the commencement of proceedings before the State Bar of Nevada pursuant to SCR 117 to determine whether counsel should be transferred to disability inactive status. Because appellant Brooks is entitled to have his appeal properly argued and decided on the merits, we deny the State's motion to dismiss the appeal. We also deny Gowen's motion of April 22, 2002, seeking permission to file an overdue brief. We also grant Gowen's motion for permission to file an untimely opposition to the State's motion to dismiss. The clerk of this court shall file the response submitted on June 10, 2002. 02-17324
10/08/2002BriefFiled Amended Brief. Appellant's Amended Opening Brief. Mailed on: 09/21/02. 02-16457
10/08/2002AppendixFiled Appendix to Opening Brief. Appellant's Appendix, Vol. 1. 02-16458
10/08/2002MotionFiled Response to Motion. Appellant's Opposition to Motion to Dismiss. 02-10079
10/08/2002Notice/OutgoingIssued Letter. to attorney Gary E. Gowen. Returned unfiled, the Original "Appellant's Opening Brief" received on April 22, 2002.
11/04/2002MotionFiled Motion to Dismiss Appeal. 02-18915
12/05/2002Order/ProceduralFiled Order Denying Motion. The State's argument that the issues raised by appellant are not appropriate for review on direct appeal may be made in the answering brief. The motion to dismiss is therefore denied. The State shall have 20 days from the date of this order to file and serve the answering brief. 02-20839
12/12/2002MotionFiled Response to Motion. Appellant's Opposition to Motion to Dismiss. 02-21300
12/27/2002BriefFiled Answering Brief. Mailed on: Express-No postmark. 02-22142
01/27/2003BriefFiled Reply Brief. Mailed on: 01/23/03. 03-01383
01/31/2003Order/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. 03-01704
01/31/2003Case Status Update Submitted for Decision.
03/03/2003Order/DispositionalFiled Order Dismissing Appeal. "ORDER this appeal DISMISSED." NNP03-RR/WM/MG 03-03381
03/12/2003Notice/IncomingFiled Notice of Change of Address. Attorney Gary Gowen. 03-04151
03/28/2003RemittiturIssued Remittitur. 03-03620
03/28/2003Case Status Update Remittitur Issued/Case Closed.
04/07/2003Other Returned Mail. Remittitur returned and remailed to corrected address.
04/07/2003RemittiturFiled Remittitur. Received by County Clerk on March 31, 2003. 03-03620