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Case Information: 47059
Short Caption:GARCIA (JUAN) VS. STATECourt:Supreme Court
Related Case(s):42403, 44006, 48123, 56137, 62119, 65158, 65777, 69458, 70604, 70604-COA, 71005, 71005-COA, 71006, 71006-COA, 80987, 80988
Lower Court Case(s):Clark Co. - Eighth Judicial District - C178581Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:DouglasCase Status:Remittitur Issued/Case Closed
Replacement:Justice Maupin for Justice DouglasPanel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:11/15/2006How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/07/2006OtherDisqualification of Justice Douglas. Sat in district court proceedings.
04/07/2006Filing Fee Filing Fee Waived.
04/07/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.06-07443
04/24/2006Notice/OutgoingIssued Notice to Transmit Required Document. 4/11/06 Findings of Fact, Conclusions of Law and Order. Due Date: 10 days
05/04/2006Order/IncomingFiled District Court Order. Certified copy of Findings of Fact, Conclusions of Law and Order filed in district court on April 11, 2006.06-09358
05/19/2006Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.)06-10655
05/22/2006Order/ProceduralFiled Order. of Limited Remand for Appointment of Counsel. Minute order due: 35 days. Fn3 [It appears from this court's review of the documents before it that appellant was represented by Mr. Michael Villani in the proceedings in the district court.]06-10673
05/31/2006Order/IncomingFiled District Court Order. Filed certified copy of order filed in district court on May 19, 2006 appointing Michael P. Villani, Esq. of the law firm of Michael P. Villani & Associates as counsel for appellant.06-11469
07/07/2006MotionFiled Motion to Extend Time.06-14064
07/31/2006Order/ProceduralFiled Order Granting Motion. Docketing statement due: 5 days. Transcript request form due: 10 days. Failure to timely comply with this court's order may result in the imposition of sanctions.06-15845
08/07/2006Docketing StatementFiled Docketing Statement.06-16343
08/09/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 27, 2003, August 28, 2003 and August 29, 2003. To Court Reporter: Kit MacDonald.06-16494
08/09/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: September 5, 2003. To Court Reporter: Kit McDonald.06-16495
08/09/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: December 18, 2003. To Court Reporter: Kit McDonald.06-16496
08/09/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: August 21, 2003. To Court Reporter: Kit McDonald.06-16497
08/09/2006Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: March 21, 2006. To Court Reporter: Gina Schrader.06-16498
08/21/2006Other Returned Unfiled Document. Appellant's Opening Brief.
09/14/2006TranscriptFiled Transcript. Proceedings: 8/21/03 and 12/18/03. Court Reporter: Kit MacDonald.06-19013
09/15/2006BriefFiled Opening Brief.06-19069
09/15/2006AppendixFiled Appendix to Opening Brief.06-19070
10/18/2006BriefFiled Answering Brief.06-21360
11/15/2006BriefFiled Reply Brief.06-23416
11/15/2006Case Status Update Submitted for Decision.
11/21/2006Order/ProceduralFiled Order. Regarding Transcripts. fn1[Copies of the transcript request forms are attached to this order.] As briefing was completed on November 15, 2006, and the parties cited to the transcripts in their briefs, appellant shall have 20 days to file a supplemental appendix including the August 27-29, 2003, and September 5, 2003, transcripts. Ms. MacDonald is not required to file those transcripts in this court. Ms. Shrader shall have 20 days to prepare and file the requested transcript for the March 21, 2006, proceedings. If more time is needed, Ms. Shrader shall within the same time period, file a motion requesting an extension of time, or if the transcript cannot be produced, notify this court, in writing, of this fact.06-23835
12/20/2006AppendixFiled Appendix. Appellant's Supplemental Appendix, Vols. 1 and 2-containing the August 27-29, 2003, and September 5, 2003, transcripts. (In response to order filed 11/21/06).06-26065
12/27/2006Order/ProceduralFiled Order. to file Transcript. Ms. Shrader shall have 10 days to prepare and file the March 21, 2006, transcript. We caution Ms. Shrader that failure to comply with this court's order may result in the imposition of sanctions.06-26535
01/18/2007Notice/OutgoingIssued Letter. to the Eighth Judicial District Court Clerk regarding Transmission of Transcript held on 09/02/03.
01/29/2007TranscriptFiled Transcript. Proceedings: 9/2/03. Court Reporter: Cindy Caldwell (submitted by 8th District Court Clerk in response to 1/18/07 letter).07-02280
01/30/2007Order/CounselFiled Order/Sanctions. Order Imposing Sanctions on Court Reporter and Directing Court Reporter to file Transcript. We conclude that court reporter Gina Shrader's failure to file the March 21, 2006 transcript or to otherwise communicate with this court, warrants the imposition of sanctions. Ms. Shrader shall personally pay the sum of $100.00 to the Supreme Court Law Library within 20 days from the date of this order and provide proof of payment. Transcript of March 21, 2006, due: 10 days. Failure to comply with our appellate rules and orders may result in the imposition of additional sanctions, including additional monetary sanctions and referral to the Certified Court Reporters' Board of Nevada for investigation.07-02291
02/22/2007TranscriptFiled Transcript. Proceedings: 3/21/06. Court Reporter: Gina Shrader.07-04286
03/28/2007TranscriptFiled Transcript. Proceedings: 3/21/06. Court Reporter: Gina M. Shrader.07-07054
04/10/2007MotionFiled Motion. and for Appointment of New Counsel (Michael P. Villani).07-08017
04/20/2007Order/ProceduralFiled Order. We grant the motion to withdraw. The clerk shall remove Mr. Villani as counsel of record for appellant. We remand this appeal for the limited purpose of securing counsel for appellant. District Court Order due or Notice of Appearance due: 35 days. Ms. Shrader: 7 days to pay sanction or provid proof that she has already paid the sanction.07-08855
05/14/2007Notice of Appeal DocumentsFiled Documents from District Court Clerk. Minutes appointing Christopher Oram as counsel for appellant.07-10627
05/15/2007Notice/IncomingFiled Notice. from Kathleen Harrington that sanction against Court Reporter Shrader has been paid.
05/31/2007Order/DispositionalFiled Dispositional Order/Appeal. Order Affirming in Part and Reversing in Part and Remanding. "ORDER the judgment of the district court AFFIRMED IN PART AND VACATED IN PART AND REMAND this matter to the district court for proceedings consistent with this order." SNP07-WM/MG/MC07-11968
06/27/2007RemittiturIssued Remittitur.07-13420
06/27/2007Case Status Update Remittitur Issued/Case Closed.
07/06/2007RemittiturFiled Remittitur. Received by County Clerk on July 2, 2007.07-13420