Case Information: 41405
Short Caption:	HERMANSKI (GREGORY) VS. STATE	Court:	Supreme Court
		Related Case(s):	38028, 47011, 47963, 55718, 58688, 58871, 64951, 65298, 65389, 65616, 65673, 68392, 68392-COA, 80288, 80288-COA, 82925, 82925-COA
Lower Court Case(s):	Clark Co. - Eighth Judicial District - C167783	Classification:	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:	06/24/2004	How Submitted:	On Briefs

+ Party Information
Role	Party Name	Represented By
Appellant	Gregory Scott Hermanski	Paul E. Wommer
Appellant	Robert James Day	Paul E. Wommer
Respondent	The State of Nevada	Attorney General/Carson City James Tufteland (Clark County District Attorney)

Docket Entries
Date	Type	Description	Pending?	Document
05/13/2003	Filing Fee	Filing Fee Waived.
05/13/2003	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day.		03-08113
05/13/2003	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Proper Person. .		03-08159
05/21/2003	Notice/Outgoing	Issued Notice to Transmit Required Document. 5/6/03 Amended Judgment of Conviction. Due Date: 10 days
05/27/2003	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal/Proper Person.		03-08877
05/27/2003	Notice of Appeal Documents	Filed Certified Copy of Notice of Appeal. (Docketing statement mailed to counsel for appellant.)		03-08878
05/27/2003	Notice/Outgoing	Issued Notice to File Case Appeal Statement. Due Date: 10 days
05/30/2003	Notice of Appeal Documents	Filed District Court Order/Judgment. Certified copy of Amended Judgment of Conviction filed in district court on May 16, 2003.		03-09066
06/04/2003	Notice of Appeal Documents	Filed Case Appeal Statement. Certified copy filed in district court on May 30, 2003.		03-09375
07/22/2003	Order/Procedural	Filed Order. to file Docketing Statement and Comply with NRAP 9(a). Appellant shall, within 10 days from the date of this order, file and serve the docketing statement and file the appropriate document pursuant to NRAP 9. Failure to comply timely with this order may result in the imposition of sanctions.		03-12403
08/11/2003	Docketing Statement	Filed Docketing Statement.		03-13371
08/21/2003	Order/Procedural	Filed Order. To date, appellant has failed to comply with our order entered July 22, 2003. We again direct appellant to file and serve a transcript request form or a certificate indicating that not transcripts are requested. Appellant shall file the approprate document within 10 days from the date of this order or show cause why sanctions should not be imposed.		03-14095
11/10/2003	Letter/Incoming	Received Proper Person Letter. Letter dated November 4, 2003.		03-18792
11/18/2003	Order/Procedural	Filed Order. Order to Comply with NRAP 9(a), to file Opening Brief and Appendix and Imposing Sanctions. To date, appellant's counsel has failed to comply with NRAP 9(a) or respond to this court's July 22, 2003, and August 21, 2003, orders. Accordingly, we conclude that the imposition of sanctions is warranted. Attorney Paul E. Wommer shall personally pay the sum of $500.00 to the Supreme Court Law Library. Within that same time period, Mr. Wommer shall file, with this court, proof of payment of the sanction. Further, Mr. Wommer shall comply with NRAP 9(a) within 10 days from the date of this order. The opening brief and appendix were due to be filed by September 24, 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 the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). We caution appellant's counsel that failure to comply with this order in a timely manner may result in the imposition of additional sanctions.		03-19224
12/15/2003	Transcript Request	Filed Request for Transcript of Proceedings. Transcripts requested: 04/30/03. To Court Reporter: Carrie Hansen.		03-20819
12/15/2003	Motion	Received Proper Person Motion. Motion to file Proper Person Briefs and Papers.		03-20823
12/15/2003	Brief	Filed Opening Brief.		03-20822
01/22/2004	Order/Procedural	Filed Order. Denying Motion to Substitute Counsel and Directing Filing of Appendix. Appellant has submitted a proper person letter and motion requesting this court to remove his counsel and appoint substitute counsel. Appellant has also submitted a motion requesting this court to permit him to file his 'Motion for Substitution of Counsel.' See NRAP 46(b). Cause appearing, we grant appellant's motion to proceed in proper person for the limited purpose of permitting appellant to file his letter and motion requesting substitution of counsel. The clerk shall file the letter received on November 10, 2003, and the motions received on December 15, 2003. A criminal defendant may not reject court appointed counsel and request substitute counsel at public expense absent a showing of adequate cause. No good cause having been shown, we deny appellant's motion to remove and substitute appointed counsel. Appellant untimely filed the opening brief on December 15, 2003. We note, however, that the opening brief was not accompanied by an appendix. Appellant shall have 15 days from the date of this order to file an appendix that complies with NRAP 30. Respondent shall have 30 days from service of the appendix to file the answering brief. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). The November 18, 2003, order also imposed a monetary sanction of $500.00 upon appellant's counsel, Paul E. Wommer. That order directed Mr. Wommer to pay the sanction and file proof of payment of the sanction within 15 days. The Supreme Court Law Library has informed this court that Mr. Wommer paid the sanction on December 4, 2003. We note, however, that Mr. Wommer has not filed proof of payment of the sanction with the clerk of this court. Because this court has been informed that the sanction was paid, we waive that portion of our November 18, 2003, order directing Mr. Wommer to file proof of payment of the sanction with the clerk of this court. We caution Mr. Wommer that continued failure to comply with orders of this court and/or the Nevada Rules of Appellate Procedure may result in the imposition of additional sanctions.		04-01276
01/22/2004	Other Incoming Document	Filed Proper Person Document. Letter dated November 4, 2003.		03-18792
01/22/2004	Motion	Filed Proper Person Motion. Motion to file Proper Person Briefs and Papers.		03-20823
01/22/2004	Motion	Filed Proper Person Motion. Motion for Substitution of Counsel.		03-20824
02/06/2004	Appendix	Filed Appendix to Opening Brief.		04-02414
02/06/2004	Appendix	Filed Appendix. Appellant's Latest Appendix.		04-02415
03/01/2004	Transcript	Filed Transcript. Proceedings: 4/30/03. Court Reporter: Carrie Hansen.		04-03887
03/02/2004	Brief	Filed Answering Brief.		04-03971
03/02/2004	Appendix	Filed Appendix to Answering Brief.		04-03972
03/02/2004	Appendix	Filed Appendix. Respondent's Supplemental Appendix.		04-03973
05/18/2004	Case Status Update	Briefing Completed. No reply brief filed.
06/24/2004	Order/Procedural	Filed Order/Submit on Briefs. Cause appearing, oral argument will not be scheduled and this appeal shall stand submitted for decision as of the date of this order on the briefs filed herein.		04-11542
06/24/2004	Case Status Update	Submitted for Decision.
07/01/2004	Order/Dispositional	Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP04D-RR/WM/MD		04-12083
07/27/2004	Remittitur	Issued Remittitur.		04-12374
07/27/2004	Case Status Update	Remittitur Issued/Case Closed.
08/04/2004	Remittitur	Filed Remittitur. Received by County Clerk on July 29, 2004.		04-12374