| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 11/06/2001 | Filing Fee | Filing Fee Waived. | | |
| 11/06/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 01-18512
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| 11/30/2001 | Order/Procedural | Filed Order. We remand this appeal to the district court for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. Otherwise, the district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from appointment or appearance of counsel the district court clerk shall transmit to this court a copy of the district court's written or minute order, and serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance in this court. fn2[All filing deadlines shall commence to run from the date on which counsel is required to enter an appearance in this court.] | | 01-20068
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| 01/22/2002 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk enclosing a copy of minute order. Roger Molett appointed as counsel for appellant on December 20, 2001. | | 02-01402
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| 04/15/2002 | Order/Procedural | Filed Order. We elect to treat the district court's Notice of appointment of Counsel filed in this court on January 22, 2002, as a notice of appearance by Mr. Molett. The clerk of this court shall modify this court's docket to reflect that Mr. Molett is counsel of record for appellant. Appellant: 15 days to comply with NRAP 9(a); 20 days to file and serve the docketing statement; We remind Mr. Molett that pursuant to our order entered on November 30, 2001, the opening brief due date set forth in NRAP 31(a)(1) commenced to run from February 6, 2002, the date Mr. Molett was required to enter an appearance in this court. (Docketing statement mailed to counsel for appellant.) | | 02-06672
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| 05/16/2002 | Other | Returned Unfiled Document. Not typewritten, not enough copies and untimely. Motion to extend time to file late due 10 days with corrected docketing statement. Blank docketing statement mailed to counsel for appellant. | | |
| 06/05/2002 | Order/Procedural | Filed Order. To date appellant has fail to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall have 10 days from the date of this order to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. | | 02-09860
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| 06/17/2002 | Docketing Statement | Filed Docketing Statement. | | 02-10446
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| 06/17/2002 | Transcript Request | Filed Certificate of No Transcript Request. | | 02-10447
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| 06/24/2002 | Order/Procedural | Filed Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall have 15 days from the date of this order to file and serve the opening brief and appendix. Respondent shall, within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days of service of the answering brief. | | 02-10828
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| 07/15/2002 | Letter/Incoming | Filed Letter. from Joseph A. Scalia, Ltd. - Roger C. Mollet is not longer with the firm. | | 02-12116
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| 08/12/2002 | Order/Procedural | Filed Order. Appellant shall, within 10 days of the date of this order, file the requisite proof of service that no transcripts are being requested. To date, appellant has failed to file the opening brief and appendix. Appellant shall, within 15 days of the date of this order, file and serve the opening brief and appendix. Failure to comply timely with is order may result in the imposition of sanctions. Respondent shall, within 30 days of service of the opening brief, file and serve the answering brief. Appellant may file a reply brief within 30 days of service of the answering brief. | | 02-13789
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| 11/13/2002 | Order/Counsel | Filed Order/Sanctions. To date, appellant's counsel has failed to file the opening brief and appendix and the proof of service for the certificate of no transcript request and has not communicated with this court. We conclude that Mr. Molett's dilatory actions in prosecuting this appeal warrant the imposition of sanctions. Mr. Molett shall personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment within 15 days from the date of this order. Mr. Molett shall have 10 days from the date of this order to file and serve the opening brief and appendix and proof of service of the certificate of no transcript request. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Failure to comply with this order may result in the imposition of additional sanctions, including, but not limited to, referral to the State Bar of Nevada for investigation. | | 02-19507
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| 12/16/2002 | Order/Procedural | Filed Order. Vacating November 13, 2002, Order and Remanding for Appointment of New Counsel. On November 13, 2002, this court entered an order that directed appellant's counsel, Roger Molett, to file and serve the opening brief and appendix and file proof of service of the certificate of no transcript request by November 25, 2002. That order also directed Mr. Molett to pay a $500.00 sanction to the Supreme Court Law Library and file proof of such payment with the clerk of this court by December 2, 2002. We note, however, that on September 6, 2002, Mr. Molett's bar status was transferred to inactive. Accordingly, we conclude that the November 13, 2002, order was entered in error and we vacate that order in its entirety. We remand this appeal for the limited purpose of securing new counsel for appellant. The district court shall have 30 days from the date of this order to appoint new counsel for appellant. Within 5 days from the date of appointment of counsel, the district court clerk shall: (1) transmit to the clerk of this court, a copy of the district court's written or minute order; and (2) serve a copy of this order on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. New counsel shall file and serve the opening brief and appendix within 60 days from the date upon which counsel is required to file a notice of appearance with this court. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 02-21420
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| 01/16/2003 | Notice/Incoming | Filed Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on 1/13/03 enclosing a copy of minute order. James Ruggeroli appointed as counsel for appellant on 1/8/03. | | 03-00915
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| 02/03/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: James J. Ruggeroli. | | 03-01765
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| 04/07/2003 | Motion | Filed Motion to Extend Time. At least 60 days from receipt of this motion. | | 03-05799
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| 04/29/2003 | Order/Procedural | Filed Order Granting Motion. filed April 7, 2003. Appellant shall have 60 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). | | 03-07280
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| 07/07/2003 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: William J. Taylor.
07/25/03 Order: Mr. Ruggeroli remains counsel of record for appellant. Accordingly, no action will be taken with respect to Mr. Taylor's notice of appearance. | | 03-11310
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| 07/25/2003 | Order/Procedural | Filed Order. Re: Counsel of Record and to File Opening Brief and Appendix. On January 16, 2003, the district court filed a notice indicating that attorney James Ruggeroli had been appointed to represent appellant. On February 3, 2003, Mr. Ruggeroli filed a notice of appearance on behalf of appellant. On July 7, 2003, attorney William J. Taylor filed a notice of appearance on behalf of appellant. It appears that Mr. Ruggeroli filed a motion to withdraw as counsel of record in the district court and his motion was granted by the district court. Once an attorney has entered an appearance with this court, that attorney may only withdraw from representation upon order from this court. Because the district court lacked jurisdiction to grant Mr. Ruggeroli's motion to withdraw as counsel for appellant in this appeal, the district court order granting his withdrawal from this appeal is of no legal effect. Consequently, Mr. Ruggeroli remains counsel of record for appellant. Accordingly, no action will be taken with respect to Mr. Taylor's notice of appearance. To date, the appellant has not filed the opening brief and appendix. Appellant shall have 15 days from the date of this order to file the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-12624
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| 08/11/2003 | Motion | Filed Motion to Extend Time. | | 03-13401
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| 08/28/2003 | Motion | Filed Motion. Counsel's Motion to Withdraw as Attorney & Request to Extend Briefing Schedule for New Attorney. | | 03-14523
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| 10/24/2003 | Order/Procedural | Filed Order. On August 28, 2003, attorney James J. Ruggeroli filed a motion to withdraw as counsel of record for appellant. Cause appearing, we grant the motion to withdraw. The clerk of this court shall remove Mr. Ruggeroli as counsel of record for appellant and add William J. Taylor as counsel of record for appellant. We grant the motion for an extension of time to file the opening brief and appendix filed on August 11, 2003. Appellant shall have 90 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). We note that neither Mr. Ruggeroli nor Mr. Taylor provided this court with the necessary proof of service for their motions. Mr. Ruggeroli and Mr. Taylor shall each have 10 days from the date of this order to serve a copy of their motions on opposing counsel and file proof of service with this court. | | 03-17752
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| 12/01/2003 | Order/Procedural | Filed Order. On October 24, 2003, this court entered an order that granted attorney James J. Ruggeroli's motion to withdraw as counsel for appellant and granted attorney William J. Taylor's motion for an extension of time to file the opening brief. Because neither motion was accompanied by the necessary proof of service, that order also directed Mr. Ruggeroli and Mr. Taylor to serve a copy of those motions on opposing counsel and provide this court with the necessary proof of service within 10 days. To date, neither Mr. Ruggeroli nor Mr. Taylor has provided this court with the requisite proof of service. In the interest of judicial economy, we elect to waive the requirement of providing this court with proof of service of the motions identified above. Accordingly, Mr. Ruggeroli and Mr. Taylor are no longer obligated to provide proof of service of those motions. However, we caution Mr. Ruggeroli and Mr. Taylor that future failure to serve opposing counsel with a motion and/or provide this court with proof of service of such motion may result in the imposition of sanctions. | | 03-19889
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| 12/08/2003 | Notice/Incoming | Filed Proof of Service. Motion to Withdraw as Attorney and Request to Extend Briefing Schedule for New Attorney. | | 03-20359
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| 12/29/2003 | Other | Returned Mail. Order filed 12/01/03 addressed to James Ruggeroli (counsel) remailed to corrected address. | | |
| 02/20/2004 | Order/Procedural | Filed Order. to file Opening Brief. Appellant shall, within 15 days from the date of this order, file and serve the opening brief and appendix. Failure to comply timely with this order may result in the imposition of sanctions against counsel for appellant. | | 04-03343
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| 03/08/2004 | Motion | Filed Motion to Extend Time. (Second request) | | 04-04421
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| 03/18/2004 | Order/Procedural | Filed Order Granting Motion. filed March 8, 2004. Appellant shall have until April 5, 2004, to either file a motion to voluntarily dismiss this appeal or file and serve the opening brief and appendix. No further extensions of time shall be permitted absent demonstration of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance. | | 04-05196
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| 04/07/2004 | Brief | Filed Opening Brief. | | 04-06442
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| 04/07/2004 | Appendix | Filed Appendix to Opening Brief. | | 04-06443
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| 05/06/2004 | Brief | Filed Answering Brief. | | 04-08406
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| 05/06/2004 | Appendix | Filed Appendix to Answering Brief. | | 04-08408
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| 05/20/2004 | Order/Procedural | Filed Order Denying Motion. Appellant has submitted a motion requesting this court to remove his appointed counsel and have new counsel appointed to represent him on appeal. Appellant has neither sought nor been granted permission to file documents in proper person. See NRAP 46(b). Because we elect to address appellant's motion on the merits, we direct the clerk to file the proper person motion received on March 31, 2004. A criminal defendant may not reject court appointed counsel and request substitute counsel at public expense absent a showing of adequate cause. Despite appellant's representations to the contrary, it appears that appellant's counsel is taking the necessary steps to pursue this appeal. fn1[The opening brief and appendix were filed on April 7, 2004.] No good cause appearing, we deny appellant's motion. | | 04-09403
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| 05/20/2004 | Motion | Filed Proper Person Motion. Motion to Remove Counsel on Appeal for Convlicts of Interests and Appoint New Counsel on Appeal. | | 04-06024
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| 07/19/2004 | Order/Procedural | Filed 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. | | 04-13052
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| 07/19/2004 | Case Status Update | Submitted for Decision. | | |
| 08/25/2004 | Order/Procedural | Filed Order. Appellant's appendix does not contain a transcript of the district court proceedings conducted on September 12, 2001. If a transcript of the proceedings conducted below on September 12, 2001, has already been prepared and filed in the district court, appellant's counsel shall supplement appellant's appendix with a certified copy of the transcript within 10 days from the date of this order. If the transcript has not been prepared and filed below, appellant's counsel shall have 10 days from the date of this order within which to file in this court and serve upon the State and the court reporter or recorder pursuant to NRAP 9(a) a transcript request form requesting preparation of the transcript of the proceedings at issue. The court reporter or recorder shall have 40 days from the date of this order within which to file with the clerk of this court a certified copy of the transcript of the proceedings of September 12, 2001. | | 04-15351
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| 09/20/2004 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 09/12/01. To Court Reporter: Freelance Court Reporters. | | 04-17428
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| 09/28/2004 | Transcript | Filed Transcript. Proceedings: 9/12/01. Court Reporter: Peggy Isom. | | 04-17951
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| 09/30/2004 | Appendix | Filed Appendix. Appellant's Supplement to Appendix. | | 04-18144
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| 09/30/2004 | Notice/Incoming | Filed Proof of Service. - Certificate of Mailing Opening Brief and Appellant's Appendix. | | 04-18146
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| 12/02/2004 | Order/Dispositional | Filed Dispositional Order/Appeal. Order Vacating Judgment and Remanding. "ORDER the judgment of the district court VACATED and REMAND this matter to the district court for proceedings consistent with this order." SNP04D-RR/WM/MD | | 04-21949
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| 12/28/2004 | Remittitur | Issued Remittitur. | | 04-22311
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| 12/28/2004 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 01/28/2005 | Remittitur | Filed Remittitur. Received by County Clerk on December 30, 2004. | | 04-22311
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