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Case Information: 41274
Short Caption:ALLEN (GENE) VS. STATECourt:Supreme Court
Related Case(s):42969, 43599, 44180, 44597, 44991, 45220, 45368, 45447, 45643, 46035, 46666, 47311, 47501, 48289, 49167, 49612, 50188, 50477, 50809, 51219, 51353, 51675, 51940, 52984, 53246, 53428, 53429, 53732, 53911, 54132, 54302, 55013, 55574, 55677, 55828, 56586, 57925, 57990, 58038, 58426, 58427, 58807, 59173, 60890, 61311, 72586, 72586-COA, 72853, 72864, 72929, 72964, 73526, 77046
Lower Court Case(s):Clark Co. - Eighth Judicial District - C177427Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:02/03/2004How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/18/2003Filing Fee Filing Fee Waived.
04/18/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.03-06639
04/22/2003Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Proper Person.03-06845
05/07/2003Order/ProceduralFiled 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, including those set forth in NRAP 9, 14, and 31(a)(1), shall commence to run from the date on which counsel is required to enter an appearance in this court.]03-07741
06/02/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court on May 30, 2003, enclosing a copy of minute order. William Taylor appointed as counsel for appellant on May 22, 2003.03-09176
06/12/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: William J. Taylor. (Docketing Statement mailed to counsel for appellant.)03-09852
06/27/2003Docketing StatementFiled Docketing Statement.03-10821
07/30/2003Order/ProceduralFiled Order. to Comply with NRAP 9. Attorney William J. Taylor filed a Notice of Appearance in this court on June 12, 2003. Either a transcript request form or a certificate indicating that no transcripts are being requested was due to be filed by June 27, 2003. To date appellant has failed to file the required document under NRAP 9. Appellant shall have 10 days from the date of this order to file and serve either a transcript request form or a certificate indicating that no transcripts are being requested.03-12839
09/09/2003Order/ProceduralFiled Order. To date, appellant has failed to comply with our July 30, 2003 order. We again direct appellant to file and serve a transcript request form or a certificate indicating that no transcripts are being requested within 10 days from the date of this order. Failure to comply timely with this order may result in the imposition of sanctions.03-15071
09/11/2003Other Incoming DocumentReceived Proper Person Document. Courtesy copy of Motion filed in District Court on August 25, 2003. 11/25/03 ORDER: RETURNED UNFILED.
10/14/2003MotionFiled Stipulation and Order. Brief due: November 10, 2003.03-17014
11/25/2003Order/ProceduralFiled Order. to comply with NRAP 9(a), to file Opening Brief and Appendix and Denying Proper Person Motion. To date, appellant has failed to comply with NRAP 9(a). Appellant shall have 10 days from the date of this order to file either a transcript request form or a certificate indicating that no transcripts are being requested. Pursuant to the approved stipulation of the parties filed October 14, 2003, the opening brief and appendix were due to be filed by November 10, 2003. 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. We caution appellant's counsel that failure to comply with this order may result in the imposition of sanctions. Appellant has submitted a motion requesting this court to remove his appointed counsel. Further, it appears that appellant wishes to proceed in this appeal in proper person. We note that appellant has not been granted leave to file documents in proper person. See NRAP 46(b). Nevertheless, because we elect to resolve this motion on its merits, the clerk shall file the proper person document received on August 27, 2003. Appellant has no right to proceed in proper person on appeal. Accordingly, we deny appellant's motion to remove his counsel and allow him to proceed in proper person. The clerk shall return, unfiled, the proper person documents received on September 8, 2003; September 11, 2003; September 17, 2003; September 30, 2003; October 6, 2003; October 8, 2003; October 29, 2003; November 3, 2003; November 14, 2003; and November 21, 2003. Appellant shall address all concerns relating to this appeal to his counsel of record.03-19685
11/25/2003Other Incoming DocumentFiled Proper Person Document. Removal of Counsel.03-14407
11/25/2003Notice/OutgoingIssued Letter. to appellant Gene Anthony Allen. Returned unfiled, the original "Proper Person Petition for a Productive and Modifying Order, received September 8, 2003; Opposition and Courtesy Copy of Motion filed in District Court on August 25, 2003, received September 11, 2003; Brief on the Merits, received September 17, 2003; Request for Order Entitled to Documents Sought, received September 30, 2003; Brief on the Merits II, received October 6, 2003; Motion to Expand the Record, received October 8, 2003; Brief on the Merits III, received October 29, 2003; Motion to Statement of Evidence N.R.A.P. 9(d), received November 3, 2003; Traversal Brief, received November 14, 2003; and Motion for a Hearing En Banc, received November 21, 2003."
12/10/2003BriefFiled Opening Brief.03-20577
12/10/2003AppendixFiled Appendix to Opening Brief.03-20578
01/08/2004BriefFiled Answering Brief.04-00524
01/08/2004AppendixFiled Appendix to Answering Brief.04-00525
01/20/2004BriefFiled Reply Brief.04-01103
02/03/2004Order/ProceduralFiled Order/Submit on Briefs. Order Submitting Appeal for Decision Without Oral argument and directing clerk to Return Proper Person documents. On November 25, 2003, this court entered an order denying appellant's proper person request to remove his appointed counsel. That order directed the clerk of this court to return unfilled numerous proper person documents submitted by appellant and advised appellant to address al future concerns relating to this appeal to his counsel of record. Since then, appellant has submitted another 17 proper person documents. fn1[The content of a majority of these documents is generally unintelligible and at best ambiguous. Should appellant truly desire to withdraw his appeal, he must proceed by and through his appointed counsel, who may then file a motion to that effect in this court.] This court declines to grant appellant permission to file proper person documents. The clerk of this court shall return to appellant unfiled all proper person documents received in this court on and after December 1, 2003. The clerk of this court shall neither receive nor file any further proper person documents in this matter. Appellant shall proceed hereafter only by and through his appointed counsel. This court has further concluded that this appeal shall stand submitted for decision on the briefs and record filed herein without oral argument.04-02142
02/03/2004Case Status Update Submitted for Decision.
02/03/2004Notice/OutgoingIssued Letter. to appellant Gene Anthony Allen. Returned unfiled, the original proper person documents "On Motion for Partial Reconsideration of Records received December 1, 2003; Motion to Leave and File Documents in Proper Person received December 4, 2003; Notice of Withdrawal of Appeal received December 8, 2003; Notice of Withdrawal of Appeal received December 11, 2003; Notice of Equitable Estoppel received December 17, 2003; Motion to Statement of Evidence N.R.A.P. 9(D) received December 24, 2003; Brief on the Merits II received January 2, 2004; Appellant's Appendix received January 5, 2004; Correction or Modification of the Record received January 8, 2004; Motion for a Change of Venue received January 12, 2004; Request for Transcripts of Proceedings received January 13, 2004; Motion for Evidentiary Hearing received January 16, 2004; Request for Rough Draft Transcripts of Proceedings in District Court received January 21, 2004; Motion Withdraw of Trial Counsel and Motion for Evidentiary Hearing II received January 28, 2004; Rule 11 Preparation and Transmission of the Record to: Court Reporter Anneta Dounncon and Subpoena for Deposition of Sentence received February 2, 2004.'
02/05/2004Other Returned Unfiled Document. Original document entitled, "Motion for Transmission of the Record on Appeal."
03/11/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP04-NB/DA/MG04-04579
03/12/2004Other Returned Unfiled Document. Original document entitled, "N.R.A.P. 42 Motion for Voluntary Dismissal of Appeal."
04/06/2004RemittiturIssued Remittitur.04-04701
04/06/2004Case Status Update Remittitur Issued/Case Closed.
04/26/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Denied. A petition for a writ of certiorari was filed March 30, 2004 and placed on the docket as Case No. 03-9943.04-07636
05/13/2004RemittiturFiled Remittitur. Received by County Clerk on April 8, 2004.04-04701
07/06/2004Notice/IncomingFiled Notice from U.S. Supreme Court\Certiorari Granted. The petition for a writ of ceritorari is denied.04-12334
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