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Case Information: 70126
Short Caption:VOLPICELLI (FERRILL) VS. STATECourt:Supreme Court
Related Case(s):43203, 51622, 61142, 63554, 65212, 70126-COA, 70646, 70646-COA, 81337, 82369, 82369-COA, 82726, 82726-COA, 83042, 83042-COA, 85107, 85851, 85851-COA, 87171, 87171-COA, 87504, 87505, 87505-COA, 87574, 87574-COA, 87575
Lower Court Case(s):Washoe Co. - Second Judicial District - CR031263Classification:Criminal Appeal - Life - Post-Conviction/Proper Person
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:02/07/2017How Submitted:On Record And Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/11/2016Filing FeeAppeal Filing fee waived. Criminal.
04/11/2016Notice of Appeal DocumentsFiled Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.16-11190
04/13/2016Notice/IncomingFiled Notice of Substitution of Counsel (Clark Leslie as counsel for the Respondent).16-11551
04/19/2016MotionFiled Proper Person Motion to Take Judicial Notice.16-12102
05/03/2016MotionFiled Proper Person Motion to Take Judicial Notice. (Affidavit attached)16-13853
05/18/2016Order/ProceduralFiled Order/Transmit Record and Filing of Brief. Order Directing Transmission of Record. Record on Appeal due: 30 days. Within 120 days, appellant may file either (1) a brief that complies with the requirements in NRAP 28(a) and NRAP 32; or (2) the "Informal Brief Form for Pro Se Parties" provided by the supreme court clerk. NRAP 31(a)(1). If no brief is submitted, the appeal may be decided on the record on appeal.16-15562
06/09/2016Record on Appeal DocumentsFiled Record on Appeal Volumes 1-15 (via FTP).16-18040
06/14/2016Record on Appeal DocumentsFiled Record on Appeal Volume 16 (SEALED).
06/14/2016MotionFiled Proper Person Motion for Order for Respondents to Reply to Appellant's Questions Presented.16-18480
06/14/2016MotionFiled Proper Person Motion for Substitution of Appellant's Memorandum of Points and Authorities in Support of Appeal for the Informal Brief Form for Pro Se Parties. (DETACHED MEMORANDUM OF POINTS AND AUTHORITIES AND FILED PER 6/29/16 ORDER.)16-18482
06/14/2016MotionFiled Proper Person Motion for Appointment of Attorney at Law Richard Cornell.16-18483
06/29/2016Order/ProceduralFiled Order.This is a pro se appeal from an order denying a postconviction petition for a writ of habeas corpus. Appellant has filed a motion requesting the appointment of attorney Richard Cornell as appellate counsel. Appellant is not entitled to appointed counsel at the state's expense in postconviction proceedings. Accordingly, we deny the motion. We grant appellant's motion to substitute his memorandum of points and authorities in support of appeal for the informal brief form for pro se parties. The clerk of this court shall detach the memorandum of points and authorities from the motion filed June 14, 2016, and file it separately. Respondent need not file a response to appellant's brief unless directed to do so by this court. fn1[Appellant's "Motion for Order for Respondents to Reply to Appellant's Questions Presented" is denied at this time.]16-20370
06/29/2016BriefFiled Appellant's Memorandum of Points and Authorities in Support of Appeal for the Informal Brief Form for Pro Se Parties.16-20372
06/30/2016MotionFiled Attorney Leslie G. Clark's Motion to Withdrawal as Counsel.16-20517
07/08/2016MotionFiled Proper Person Motion for Clarification of Order as to Which Memorandum of Points and Authorities.16-21258
09/12/2016MotionFiled Proper Person Request for Submission of Motion.16-28194
09/30/2016Order/ProceduralFiled Order Regarding Motions. Appellant has filed a motion for clarification informing this court that he intended his "Memorandum of Points and Authorities in Support of Notice of Appeal" to serve as the brief on appeal. We grant the motion. We clarify that the points and authorities filed concomitantly with the notice of appeal shall be reviewed in its entirety. Assistant Solicitor general Clark Leslie has filed a motion to withdraw as counsel for the attorney general's office on the ground that the correct representation for the respondent State of Nevada is the Clark County District Attorney. The State of Nevada is an interested party in an appeal from an order denying a petition. No good cause appearing, we deny the motion.16-30446
12/01/2016MotionFiled Proper Person Appellant's Motion to Take Judicial Notice.16-37245
02/01/2017Order/ProceduralFiled Order. Appellant has filed a motion asking this court to take judicial notice on several district court orders. It appears that at least three of the four orders are included in the record, which has been transmitted in its entirety to this court. Accordingly, the motion is denied.17-03633
02/07/2017Case Status UpdateBriefing Completed/Submitted For Decision.
02/13/2017Other Incoming DocumentFiled Proper Person Request for Submission of Motion.17-04954
02/13/2017MotionFiled Proper Person Motion for Clarification.17-04964
03/13/2017Order/ProceduralFiled Order. On February 1, 2017, this court denied appellant's motion for judicial notice of several district court orders. Appellant has filed a motion for clarification. The motion is granted as follows: all the orders appellant requested noticed are included in the record on appeal.17-08361
03/15/2017Notice/OutgoingIssued Notice of Transfer to Court of Appeals.17-08716
06/14/2017Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." Court of Appeals-AS/JT/MG.
07/11/2017Case Status UpdateTransferred from Court of Appeals.
07/11/2017RemittiturIssued Remittitur.17-22920
07/11/2017Case Status UpdateRemittitur Issued/Case Closed.
07/21/2017RemittiturFiled Remittitur. Received by District Court Clerk on July 13, 2017.17-22920