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United States Court Cases

Nevada Supreme/Appellate Court Record

BENJAMIN (HOWARD) VS. STATE C/W 35171/35204

Case Information: 35194
Short Caption:BENJAMIN (HOWARD) VS. STATE C/W 35171/35204Court:Supreme Court
Consolidated: 35171 *, 35194, 35204 Related Case(s): 35171 , 35204 , 41460 , 45946 , 48447 , 55734
Lower Court Case(s):Clark Co. - Eighth Judicial District - C157462Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:01/15/2002 at 10:30 AMOral Argument Location:Las Vegas Office
Submission Date:01/15/2002How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
11/29/1999Filing Fee Filing Fee Waived.
11/29/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 99-11813
01/03/2000MotionFiled Motion to Extend Time. Motion for Extension of Time to file Appellant's Fast Track Statement. 00-00051
01/05/2000Notice/IncomingFiled Proof of Service. 00-00179
01/20/2000Order/ProceduralFiled Order Extending Time. On January 3, 2000, appellant's counsel filed a motion for an extension of time to file the fast track statement. The motion is denied. Counsel for appellant shall file and serve the fast track statement within 10 days of this order or show cause why he should not be sanctioned. 00-00945
02/02/2000TranscriptFiled Transcript. Proceedings: 8/2/99; 8/12/99; 8/13, 8/16, 8/17, 8/18, 8/19/99; 8/17/99; 8/18/99; 8/19/99; and 10/20/99. Court Reporter: Robert H. Mintun. 00-01682
04/26/2000Order/CounselFiled Order/Sanctions. To date, attorney Wolfbrandt has failed to respond to this court's order of January 20, 2000. We conclude that the imposition of a monetary sanction is appropriate. Worlfbrandt shall personally pay the sum of $100 to the Supreme Court Law Library and provide the clerk of this court with proof of such payment within 20 days. Further, Wolfbrandt shall file and serve the fast track statement within 10 days of the date of this order or show cause why he should not be sanctioned further. 00-06824
05/18/2000Notice/IncomingFiled Notice. Proof of Payment of Sanction. 00-08352
06/12/2000Order/ProceduralFiled Order. On May 18, this court received Wolfbrandt's payment of $100.00 sanction, but Wolfbrandt has failed to file a fast track statement or show cause why he should not be sanctioned further. We conclude that Wolfbrandt's failure to comply with this court's ordrs and NRAP 3C warrants additional sanctions in the sum of $250.00. Wolfbrandt shall personally pay the sum of $250.00 to the Supreme Court Law Library and provide proof of such payment to the clerk of this court within 15 days of the date of this order. Wolfbrandt shall file and serve the fast track statement and appendix within 10 days of this order or show cause why he should not be sanctioned further. 00-09849
07/31/2000Order/ProceduralFiled Order. On May 18, this court received Wolfbrandt's payment of $100.00 sanction, but Wolfbrandt failed to file a fast track statement or show cause why he should not be sanctioned further. We conclude that Wolfbrandt's failure to comply with this court's orders and NRAP 3C warranted additional sanctions in the sum of $250.00. Wolfbrandt was ordered to personally pay the sum of $250.00 to the Supreme Court Law Library and provide proof of such payment to the clerk of this court on or before June 30, 2000. Wolfbrandt was ordered to file and serve the fast track statement and appendix on or before June 26, 2000, or show cause why he should not be sanctioned further. Wolfbrandt has failed to respond to this court's order of June 12, 2000. We conclude that Wolfbrandt's failure to comply with direct orders of this court and NRAP 3C warrants additional sanctions. Wolfbrandt shall personally pay the sum of $500.00 to the Supreme Court law Library, and provide proof of such payment to the clerk of this court within 15 days from the date of this order. Wolfbrandt shall file and serve the fast track statement and appendix within 10 days of the date of this order, or show cause why he should not be sanctioned further and referred to the State Bar of Nevada. 00-13164
08/21/2000Notice/IncomingFiled Notice. Proof of Payment of Sanction from attorney William Wolfbrandt-check no. 3819 in the amount of $500.00 00-14638
09/11/2000Order/ProceduralFiled Order. Wolfbrant has failed to file a fast track statement, he has not paid the sanction imposed by this court on June 12, 2000, and he has failed to show cause why he should not be sanctioned further and referred to the State Bar of Nevada. Failure to comply with the direct orders of this court and NRAP 3C warrants additional sanctions. Wolfbrandt shall personally pay the sum of $1,000.00 to the Supreme Court Law Library, and shall provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. We refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. Wolfbrandt's dilatory actions and neglect of his obligations to this court and his client require his removal as counsel of record. We remand this appeal to the district court for a determination of whether appellant is indigent. If indigent it shall appoint new counsel to represent appellant within 30 days of the date of this order. If not indigent, the district court shall forthwith inform appellant of its determination. Appellant shall have 30 days of the date of the determination that he is not indigent to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall prompbly file with the clerk of this court either (1) a copy of the written order of appointment of counsel or of the minute order reflecting the date of appointment; or (2) a copy of the written order determining that appellant is not indigent. Wheter appointed or retained, new counsel shall enter an appearance with the clerk of this court within 10 days of the date of appointment or retention.Counsel shall, within 10 days of the date of appointment: file a transcript request form or a certificate that no transcrips are required and shall file the fast track statement and appendix within 60 days. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 00-15908
10/16/2000Notice/IncomingFiled Notice. Amended Notice of Appointment of Counsel. 00-18358
10/16/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: Patti and Sgro. 00-18359
10/16/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 8/12/99 and 8/19/99. To Court Reporter: Robert Mintun. 00-18360
12/01/2000Letter/IncomingFiled Letter. from Rob W. Bare regarding 9/11/00 order. 00-21030
12/12/2000Order/ProceduralFiled Order Granting Motion. We grant bar counsel's motion of December 1, 2000. Bar counsel shall submit a final status report on the investigation of attorney Wolfbrandt within two weeks of the conclusion of the investigation. 00-21673
12/20/2000Fast Track BriefFiled Fast Track Statement. 00-22155
12/20/2000AppendixFiled Joint Appendix. 00-22156
01/31/2001Order/ProceduralFiled Order. To date, no fast track response has been filed. Counsel for respondent shall file and serve the fast track response within 10 days of this order or show cause why counsel for respondent should not be sanctioned. 01-02043
02/13/2001Fast Track BriefFiled Fast Track Response. 01-02895
02/22/2001Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. Opening brief due: 40 days. fn1[If a party's brief will cite to documents not previously filed in this court, that party shall file and serve an appropriately doumented supplemental appendix with the brief."] NRAP 3C (j) (2). Fn2[This court has already received certified transcripts of the district court proceedings on August, 2, 12, 13, and 16-19, 1999 and October 20, 1999. Should either party cite to portions of transcripts not previously filed in this court, the party shall file a transcript request form for the necessary transcripts, pursuant to NRAP 9 (a).] 01-03397
03/19/2001Notice/IncomingFiled Status Report. Final Status Report from State Bar of Nevada re attorney William L. Wolfbrandt. NOTE: This original document was placed in attorney Wolfbrandt's bar file. No copy was placed in the correspondence file for these cases. Nos. 35194 and 35865
04/04/2001BriefFiled Opening Brief. Mailed on: 04/02/01. 01-05756
05/09/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. 01-07733
06/13/2001BriefFiled Reply Brief. Mailed on: No postmark. 01-09890
07/31/2001Order/ProceduralFiled Order. To date, Mr. Wolfbrandt has not paid the outstanding sanctions imposed in these two appeals, in an amount totaling $3,100.00, nor has Mr. Wolfbrandt contacted this court to arrange payment of the sanctions. We refer this matter back to the State Bar of Nevada for further investigation pursuant to SCR 105. Bar counsel shall, within 90 days of the date of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. Nos. 35194/35865-cases are not consolidated. 01-12891
08/22/2001Order/ProceduralFiled Order/Consolidation. Appellants were tried on and convicted of identical charges in a single trial and raise overlapping issues on appeal. We conclude that in the interest of judicial economy these matters should be consolidated. We hereby consolidate the above-entitled matters for disposition. Nos. 35171/35194/35204. (01-14216)
10/09/2001Letter/IncomingFiled Letter. from attorney William Wolfbrandt enclosing copies of letters mailed to Supreme Court Law Library re: sanctions due. 01-17014
10/29/2001Notice/IncomingFiled Status Report. Report from State Bar of Nevada re attorney William Wolfbrandt. NOTE: This original document was placed in attorney Wolfbrandt's bar file. No copy was placed in the correspondence file for this case. Nos. 35194/35865
12/04/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on January 15, 2002, at 10:30 a.m. in Las Vegas. (SNP02-CY/DA/ML) (Nos. 35171, 35194 and 35204)
12/17/2001Other Other. Received notice from Supreme Court Law Library that attorney Wolfbrandt paid sanctions of $500 (check no. 4504). Applied $250 to 6/12/00 and $250 to 9/11/00 sanctions.
01/02/2002Notice/OutgoingIssued Oral Argument Reminder Notice. (Nos. 35171, 35194 and 35204)
01/15/2002Case Status Update Submitted for Decision. Before the Southern Nevada Panel. SNP02-CY/DA/ML. Nos. 35171/35194/35204.
02/12/2002Order/DispositionalFiled Order of Affirmance. We "ORDER the judgment of the district court AFFIRMED." SNP02--CY/DA/ML Nos. 35171/35194/35204 02-02800
03/12/2002RemittiturIssued Remittitur. 02-02854
03/12/2002Case Status Update Remittitur Issued/Case Closed.
04/01/2002RemittiturFiled Remittitur. Received by County Clerk on March 21, 2002. 02-02854
11/18/2002Letter/IncomingFiled Letter. from attorney William L. Wolfbrandt enclosing a copy of a check in the amount of $2600 which was mailed to the Supreme Court Law Library. Wolfbrandt states that this should be full payment for all sanctions in nos. 35809, 35194 and 35865. (Our records show that the $500 sanction in 35809 was paid on 10/9/01; however $2600 remained due in nos. 35194 and 35865.) [02-19862]
11/18/2002Notice/IncomingFiled Status Report. Final Status Report from State Bar of Nevada re attorney William Wolfbrandt. NOTE: This original document was placed in attorney Wolfbrandt's bar file. No copy was placed in the correspondence file for this case. Nos. 35194 and 35865.