Case Information: 32031
Short Caption:	PECK (FRANK) VS. STATE	Court:	Supreme Court
		Related Case(s):	38835, 42672, 57968, 60040, 60343, 60878, 61202, 65521, 71021, 72680, 72680-COA, 72849, 72849-COA, 80103, 82130, 82130-COA
Lower Court Case(s):	Washoe Co. - Second Judicial District - CR962687	Classification:	Criminal Appeal - Life - Direct
Disqualifications:		Case Status:	Remittitur Issued/Case Closed
Replacement:		Panel Assigned:	En Banc
To SP/Judge:		SP Status:
Oral Argument:	03/30/2000 at 8:30 AM	Oral Argument Location:	Carson City
Submission Date:	03/30/2000	How Submitted:	After Oral Argument

+ Party Information
Role	Party Name	Represented By
Appellant	Frank Milford Peck	David C. Amesbury (Amesbury & Schutt) Julius A. Dix Lloyd Douglas Dix (Law Offices of Lloyd Douglas Dix, LLP)
Respondent	The State of Nevada	Attorney General/Carson City Terrence P. McCarthy (Washoe County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
03/25/1998	Filing Fee	Filing Fee Waived.
03/25/1998	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant).
03/26/1998	Notice of Appeal Documents	Received Documents from District Court Clerk. Received certified copy of Withdraw of Counsel filed in the district court 3/19/98.
08/31/1998	Notice/Incoming	Filed Notice of Appearance. Representing appellant: Julius A. Dix.
08/31/1998	Motion	Filed Motion. Motion for Clarification of the Briefing Schedule.
08/31/1998	Notice/Incoming	Received Notice. Received copy of Verified Application for Admission to Practice under Nevada Supreme Court Rule 42 for attorney Julius A. Dix. Filed in district court on April 14, 1998.
09/22/1998	Order/Procedural	Filed Order. Filed Order foreign counsel, Julius A. Dix, has filed a notice of appearance as counsel for appellant and a motion for clarification of the briefing schedule. Attorney Dix shall have 10 days from the date of this order to supplement the notice of appearance with an order of the district court that grants leave to proceed under SCR 42, or otherwise to initiate the application process under that rule. We defer ruling on the motion for clarification of the briefing schedule until resolution of counsel's right to proceed under SCR 42. Should attorney Dix fail to respond in a timely manner, we direct the clerk to remove attorney Dix as counsel for appellant on this court's docket. On March 26, 1998, this court received a copy of a notice of withdrawal filed by attorney Widdis in the Second Judicial District Court on March 19, 1998. Attorney Widdis shall remain listed as counsel of record for appellant. Attorney Widdis shall either (1) file a motion to withdraw as counsel for appellant within 15 days of this order or (2) file the docketing statement and transcript request form or certificate of no transcript request within 15 days of the date of this order and the opening brief and appendix within 60 days of the date of this order.
09/25/1998	Motion	Filed Motion. Motion to Withdraw as Counsel.
09/28/1998	Notice/Incoming	Filed Proof of Service. Proof of Service of Verified Application for Admission to Practice under Nevada Supreme Court Rule 42.
10/01/1998	Notice of Appeal Documents	Filed District Court Order/Judgment. Certified copy of order Approving Admission of Counsel Pro Hac Vice filed in district court on: October 1, 1998.
11/06/1998	Transcript	Filed Transcript. Proceedings: Volumes 1 through 4. Trial--December 15 through December 19, 1997. Court Reporter: Isolde Zihn.
11/17/1998	Order/Procedural	Filed Order. Filed Order attorney Widdis has now filed a motion to withdraw as counsel of record for appellant. We grant attorney Widdis' motion. We direct the clerk to remove Widdis' name from this court's docket as counsel of record for appellant. On August 31, 1998, California attorney Julius Dix filed a Notice of Appearance as counsel for appellant and a motion for clarification of the briefing schedule. On October 1, 1998, attorney Dix supplemented his Notice of Appearance. Attorney Dix shall remain listed as counsel of record for appellant. Appellant shall within 15 days from the date of this order, file and serve the docketing statement and either a transcript request form or a certificate of no transcript request and shall within 120 days from the date of this order, file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). 1[Attorney Dix lists attorney Jeff Sloane as associated Nevada counsel. Nevada counsel must sign all briefs filed by appellant and shall be responsible for their content].
12/02/1998	Docketing Statement	Filed Docketing Statement.
03/01/1999	Motion	Filed Stipulation and Order. Brief due: April 2, 1999.
03/18/1999	Brief	Filed Opening Brief. Mailed on: 3/16/99.
03/18/1999	Appendix	Filed Appendix to Opening Brief.
04/12/1999	Notice/Incoming	Filed Substitution of Attorneys. Filed Substitution of Attorney. David C. Amesbury in place and stead of Jeffrey Sloane as counsel for appellant.
04/19/1999	Brief	Filed Answering Brief. Mailed on: 4/16/99.
04/19/1999	Appendix	Filed Appendix to Answering Brief.
05/20/1999	Brief	Filed Reply Brief. Mailed on: Fed-Ex 5/19/99.
06/04/1999	Order/Procedural	Filed Order. Submitted date: June 4, 1999.
06/04/1999	Case Status Update	Submitted for Decision.
02/02/2000	Order/Procedural	Filed Order. This case was previously submitted on the briefs and record filed herein. We have determined that oral argument before the en banc court would be of assistance in the disposition of this appeal. Oral argument is scheduled for March 30, 2000, at the hour of 8:30 a.m. in Carson City: 30 minutes. En Banc		00-01649
02/02/2000	Notice/Outgoing	Issued Notice Scheduling Oral Argument. Oral Argument is scheduled for March 30, 2000 at the hour of 8:30 a.m. for 1/2 hour in Carson City. (En Banc)		00-01650
02/09/2000	Brief	Filed Supplemental Brief. Supplemental Authorities in Support of Answering Brief.		00-02073
03/03/2000	Motion	Filed Motion. Appellant's Motion to Allow Co-Counsel to Deliver Oral Argument.		00-03386
03/15/2000	Order/Procedural	Filed Order Denying Motion. On March 3, 2000, appellant filed a "motion to allow co-counsel to deliver oral argument." We deny the motion.		00-04051
03/15/2000	Notice/Outgoing	Issued Oral Argument Reminder Notice.		00-04088
03/27/2000	Motion	Filed Motion.		00-04856
03/29/2000	Order/Procedural	Filed Order. Attorney Lloyd Dix of the California law firm of Law Offices of Lloyd Douglas Dix, LLP, has filed a verified application to appear as foreign counsel on behalf of appellant. Attorney Dix has filed a copy of the application with State Bar of Nevada and has requested permission to associtate with Nevada attorney David Amesbury. Cause appearing, we grant the instant application. Attorney Dix shall be permitted to appear in this matter on behalf of appellant. Attorney Amesbury shall be responsible, however, for all matters presented herein by Appellant.		00-05100
03/30/2000	Case Status Update	Submitted for Decision. Before the En Banc Court. RR/CY/WM/MS/DA/ML/NB
08/24/2000	Opinion/Dispositional	Filed Authored Opinion. "Affirmed." Before the Court En Banc. By the Court, Leavitt, J. We concur: Young, J., Shearing, J., Agosti, J., Becker, J. Rose, C.J., with whom Maupin, J., agrees, concurring. 116 Nev. Adv. Opn. No.90. En Banc.		00-14851
09/19/2000	Remittitur	Issued Remittitur.		00-14918
09/19/2000	Case Status Update	Remittitur Issued/Case Closed.
10/06/2000	Remittitur	Filed Remittitur. Received by County Clerk on September 25, 2000.		00-14918