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Case Information: 42638
Short Caption:MITCHELL (DEANGELO) VS. STATECourt:Supreme Court
Related Case(s):37531, 37553, 40150, 44093, 46213, 46887, 51332, 53085, 62069, 62372, 66079, 66080, 66428, 66428-COA, 66773, 66773-COA, 69542, 70017, 70017-COA, 76899, 82127, 82127-COA
Lower Court Case(s):Clark Co. - Eighth Judicial District - C156542Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:11/16/2005How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
01/14/2004Filing Fee Filing Fee Waived.
01/14/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.04-00819
02/09/2004Order/ProceduralFiled Order/Transmit Record. Record due: 120 days. See NRAP 11(a)(2) (the complete record shall contain each and every paper, pleading and other document filed, or submitted for filing, in the district court, as well as any previously prepared transcripts of the district court proceedings.) fn1[The record shall not include any physical, non-documentary exhibits or the original documentary exhibits filed in the district court, but copies of documentary exhibits submitted in the district court proceedings shall be transmitted as part of the record on appeal. The record shall also include any presentence investigation reports submitted in this matter. The clerk of the district court shall transmit the reports to this court in a sealed envelope identifying the contents and marked confidential.] Nos. 42574/ 42632/ 42634/ 42638/ 42649 – cases are not consolidated. 03/25/04 ORDER VACATING FEBRUARY 9, 2004, ORDER.04-02471
03/19/2004Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.)04-05293
03/19/2004Notice/OutgoingIssued Notice to File Case Appeal Statement. Due Date: 10 days
03/25/2004Order/ProceduralFiled Order. Vacating February 9, 2004, Order. This appeal was docketed in this court as a proper person appeal on January 14, 2004. Accordingly, on February 9, 2004, this court entered an order directing the district court clerk to transmit to this court the record on appeal. On March 19, 2004, attorney Robert L. Langford filed a notice of appeal on appellant's behalf. Because this is no longer a proper person appeal, we vacate our February 9, 2004, order directing the district court clerk to transmit to this court the record on appeal.04-05580
04/01/2004Docketing StatementFiled Docketing Statement.04-06074
04/01/2004Notice of Appeal DocumentsFiled Case Appeal Statement. Not filed or certified in district court.04-06075
07/13/2004Order/ProceduralFiled Order. to Comply with NRAP 9(a). To date, counsel for appellant has failed to request transcripts in compliance with NRAP 9(a). Appellant shall have 10 days from the date of this order to file and serve the appropriate document.04-12690
08/05/2004MotionFiled Motion to Extend Time. Request for Extension of Time to Comply with NRAP 9(a).04-14209
08/06/2004Order/Clerk'sFiled Clerk's Order Granting Motion. filed August 5, 2004. Appellant shall have 10 days from the date of this order to file and serve either a transcript request form or a certificate that no transcripts are being requested.04-14275
08/13/2004Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 12/15/03 and 11/10/03. To Court Reporter: Sonia Riley-Bennett and Kendall Heath.04-14694
08/31/2004Order/ProceduralFiled Order. to file Opening Brief. The requested transcripts are not due to be filed until September 13, 2004. To allow appellant sufficient time to review the transcripts prior to preparing and filing the opening brief, we grant appellant an extension of time until October 13, 2004, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1).04-15828
09/27/2004Order/ProceduralFiled Order. Regarding Transcripts. On August 13, 2004, appellants filed a transcript request form requesting court reporters Kendall Heath and Sonia Riley-Bennett to produce transcripts. fn1[A copy of the transcript request form is attached to this order.] To date, the court reporters have not filed the requested transcripts. The court reporters shall have 20 days from the date of this order to prepare and file the requested transcripts. If more time is needed to complete the preparation of the transcripts, the court reporters shall, within the same time period, file a motion requesting an extension of time and stating the reason for the extension. If the requested transcripts cannot be produced, the court reporters shall notify this court, in writing, of this fact.04-17797
10/07/2004TranscriptFiled Rough Draft Transcript of Proceedings. Certified Copy of Rough Draft Transcript of Proceedings. Proceedings: November 10, 2003. Court Reporter: Sonia L. Riley.04-18639
10/14/2004MotionFiled Motion to Extend Time.04-19055
10/18/2004TranscriptFiled Transcript. Proceedings: 12/15/03. Court Reporter: Kendall D. Heath.04-19242
10/21/2004Order/ProceduralFiled Order Granting Motion. filed October 14, 2004. Appellant shall have until November 12, 2004, to 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.04-19485
11/04/2004MotionFiled Motion to Extend Time. Motion for Extension of Time to File Opening Brief Due to Extreme Circumstances.04-20342
12/23/2004Order/ProceduralFiled Order Granting Motion. filed November 4, 2004. As the additional 30 days requested by appellant have passed, appellant shall have 10 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). Any additional extensions will be granted only on a showing of extreme and unforeseeable circumstances. Counsel's caseload will not be deemed such a circumstance04-23386
03/28/2005Order/ProceduralFiled Order. to file Opening Brief. Appellant shall have 10 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).05-05941
04/01/2005MotionReceived Proper Person Motion. Motion to Withdraw Counsel/Motion for Appointment of Counsel. 08/19/05 Order-fn1: filed proper person Motion.jcr05-06460
07/15/2005Letter/IncomingFiled Letter. from appellant Deangelo Lamont Mitchell asking for information regarding the submission and filing of proper person documents. (RETURNED UNFILED PER ORDER 8/19/05).
08/19/2005Order/ProceduralFiled Order. To date, appellant has failed to file the opening brief and appendix. Appellant shall have 10 days from the date of this order to file and serve the opening brief and appendix. We caution Mr. Langford that failure to timely comply with this order may result in the imposition of sanctions against him. On April 1, 2005, appellant submitted three proper person documents. fn1[The clerk shall file the three proper person documents received on April 1, 2005.] One of the requests permission to file the other two documents he submitted on April 1, 2005. We have filed the documents and are addressing them on their merits. We decline to grant appellant permission to file further documents in proper person. In both the notice and the motion to withdraw, appellant requests that Mr. Langford be removed as his counsel of record and that new counsel be appointed to represent him in this appeal. Appellant's contentions do not rise to the level of adequate cause for the appointment of new counsel. Mr. Langford shall remain as appellant's counsel of record. On July 15, 2005, appellant submitted a proper person letter directed to the clerk of this court. As appellant is represented by counsel, we will take no action with respect to the letter. We direct the clerk to return the letter received on July 15, 2005, unfiled, to appellant. Appellant shall proceed hereafter through his appointed counsel in the prosecution of this appeal.05-16488
08/19/2005MotionFiled Proper Person Motion. Motion for Leave to file Proper Peson Briefs and Papers.05-06458
08/19/2005Other Incoming DocumentFiled Proper Person Document. Notice to the Court.05-06459
08/19/2005MotionFiled Proper Person Motion. Motion to Withdraw Counsel/Motion for Appointment of Counsel.05-06460
09/01/2005Notice/IncomingFiled Notice. Declaration.05-17300
09/01/2005BriefFiled Opening Brief.05-17301
09/01/2005AppendixFiled Appendix to Opening Brief.05-17303
10/05/2005BriefFiled Answering Brief.05-19798
10/05/2005AppendixFiled Appendix to Answering Brief. Vols. 1 through 3.05-19799
11/16/2005Case Status Update Submitted for Decision. No reply brief filed.
01/10/2006Order/ProceduralFiled Order. Regarding Proper Person Documents. As we have already declined to allow appellant to file further documents in proper person, we direct the clerk to return, unfiled, the three proper person documents received on September 15, 2005, and the proper person document received on September 28, 2005. The clerk shall return, unfiled, any future proper person document submitted for filing.06-00684
03/27/2006Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP06-MD/NB/RP06-06407
04/21/2006RemittiturIssued Remittitur.06-07171
04/21/2006Case Status Update Remittitur Issued/Case Closed.
05/05/2006RemittiturFiled Remittitur. Received by County Clerk on April 24, 2006.06-07171