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Case Information: 30904
Short Caption:MAKI (CHARLES) VS. STATECourt:Supreme Court
Related Case(s):63845, 66144, 67717, 67800, 69049, 78260
Lower Court Case(s):Washoe Co. - Second Judicial District - CR940345Classification:Criminal Appeal - Other - 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:05/28/1998How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
08/20/1997Filing Fee Filing Fee Waived.
08/20/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day.
08/25/1997Notice of Appeal DocumentsReceived Documents from District Court Clerk. Copy of the district court order filed January 29, 1997. Mr. Hardy's motion to withdraw as counsel for petitioner is granted. Petitioner's motion for new counsel is also granted. Mr. Joseph Plater, Esq., is appointed to represent petitioner.
08/28/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. (Second notice filed by proper person appellant from same judgment.)
08/29/1997Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Filed on August 26, 1997 by attorney Joseph Plater.
10/03/1997Other Other. Receipted for 8/28/97 entry and mailed docketing statement to counsel for appellant.
10/08/1997Order/ProceduralFiled Case Processing Order. Appellant shall within 10 days of the date of this order file and serve a docketing statement and a transcript request form or certificate of no transcript request, or show cause why sanctions should not be imposed upon counsel. Appellant shall have 100 days from the date of this order to file and serve an opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31 (a)(1). We caution attorney Plater that failure to comply with this order in a timely manner may result in the imposition of sanctions against counsel.
10/21/1997Docketing StatementFiled Docketing Statement.
10/27/1997Transcript RequestFiled Request for Transcript of Proceedings. Court reporter: Isolde Zihn.
01/22/1998MotionFiled Motion and Order Extending Time. That appellant shall have to and including February 17, 1998, to file the opening brief.
02/19/1998MotionFiled Motion to Extend Time. To file opening brief.
02/25/1998Order/Clerk'sFiled Clerk's Order. Granting the motion filed February 19, 1998. The opening brief shall be served and filed on or before March 3, 1998.
03/05/1998MotionFiled Motion to Extend Time. To file opening brief.
03/09/1998Order/Clerk'sFiled Clerk's Order. Granting the motion filed March 5, 1998. The opening brief shall be served and filed on or before March 12, 1998.
03/16/1998BriefReceived Brief. Appellant's opening brief. (Mailed on: 3/12/98.)
03/16/1998AppendixReceived Appendix. Appellant's appendix I and II. (Mailed on: 3/12/98.)
03/25/1998Order/Clerk'sFiled Clerk's Order. Granting the motion filed March 5, 1998. The opening brief and appendix provisionally submitted on March 16, 1998, shall be filed, forthwith.
03/25/1998BriefFiled Brief. Appellant's opening brief.
03/25/1998AppendixFiled Appendix. Appellant's appendix, Volume I and II.
03/27/1998Order/ProceduralFiled Case Processing Order. Court reporter Zihn shall have 20 days from the date of this order to complete the requested transcript and to provide the clerk of this court with a certificate acknowledging delivery of the completed transcript and a certified copy of the transcript, or show cause why sanctions should not be imposed in accordance with NRAP 13(b).
04/09/1998Letter/IncomingReceived Letter. From court reporter Isolde Zihn. She was not the reporter in this matter.
04/23/1998BriefFiled Brief. Respondent's answering brief. (Mailed on: 4/22/98.)
05/05/1998Order/ProceduralFiled Case Processing Order. Court reporter Zihn has responded to our March 27, 1998, order by way of letter. It appears that the transcript requested by appellant was completed on February 10, 1998, by court reporter Stephanie Koetting; however, a copy of the transcript was not filed in this court. Furthermore, it appears that appellant has improperly included the transcript in appellant's appendix. We decline to strike appellant's nonconforming appendix at this time, as it does not appear that appellant's error will hinder this court's review of this matter. We admonish appellant's counsel to be more mindful in the future to the procedures for prosecuting appeals as contained in the Nevada Rules of Appellate Procedure.
05/28/1998BriefFiled Brief. Appellant's reply brief. (Mailed on: 5/27/98.)
05/28/1998Other Other. Case submitted on briefs this day.
05/28/1998Case Status Update Submitted for Decision.
02/02/2000MotionFiled Motion. To be relieved as counsel of record.
03/07/2000Order/ProceduralFiled Case Processing Order. Of remand for designation of counsel. Appellant's counsel of record Joseph R. Plater has filed a motion to be relieved as counsel of record in this appeal. We grant the motion. We remand this matter to the district court for the limited purpose of securing new appellant counsel. If indigent, the district court shall have 30 days 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 the appointment or appearance of counsel, the district court clerk shall: (1) transmit to this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have 10 days to enter an appearance with the clerk of this court. Within 15 days from the date on which counsel is required to enter an appearance in this court, counsel shall file a motion requesting permission to file a supplemental brief, if counsel deems supplemental briefing necessary.
04/13/2000Notice/IncomingFiled Notice. Of appearance of counsel. Karla K. Butko appointed as counsel for appellant.
04/17/2000Notice/IncomingFiled Notice. Amended notice of appearance of counsel. Karla K. Butko appointed as counsel for appellant. (Copy of order appointing counsel filed in district court on 3/20/00 attached.)
06/14/2000MotionFiled Motion to Extend Time. to File Appellant's Supplemental Opening Brief.00-10134
07/07/2000Order/ProceduralFiled Order Granting Motion. We grant appellant's June 14, 2000, motion. The clerk of this court shall file the supplemental brief provisionally submitted with the motion on June 14, 2000. The State shall have 30 days from the date of this order within which to file a supplemental answering brief.00-11584
07/07/2000BriefFiled Supplemental Brief. Appellant's Supplemental Opening Brief.00-10135
07/27/2000BriefFiled Supplemental Brief. Respondent's Supplemental Answering Brief.00-13069
10/10/2000Order/DispositionalFiled Order of Affirmance. Having concluded that Maki has not demonstrated error, " . . . we affirm the judgment of the district court." NNP00A-MS/DA/ML00-17847
11/07/2000RemittiturIssued Remittitur.00-17948
11/07/2000Case Status Update Remittitur Issued/Case Closed.
11/29/2000RemittiturFiled Remittitur. Received by County Clerk on November 9, 2000.00-17948