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United States Court Cases

Nevada Supreme/Appellate Court Record

GRAFF (RICHARD) VS. WARDEN

Case Information: 38507
Short Caption:GRAFF (RICHARD) VS. WARDENCourt:Supreme Court
Related Case(s): 38285
Lower Court Case(s):Elko Co. - Fourth Judicial District - CVHC995832Classification: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:03/04/2003How Submitted:On Briefs

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/20/2001Filing Fee Filing Fee Waived.
09/20/2001Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal/Fast Track. Fast track appeal docketed in the Supreme Court this day. (Fast Track Notice mailed to all counsel.) 01-15917
10/01/2001Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 08/15/94; 10/11/94; 11/29/94; and July 27 and 28, 2000. Court Reporter: Christian Knox. Filed in district court on: September 14, 2001. 01-16523
10/05/2001TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: June 19, 2001. Court Reporter: Tia H. Lange. 01-16811
10/19/2001MotionFiled Stipulation. Stipulation to Extend Time for Appellant's to File Brief (Fast Track Statement). 01-17670
10/22/2001MotionFiled Motion. Motion for Full Briefing. 01-17717
10/31/2001Order/ProceduralFiled Order Granting Motion. filed October 22, 2001. The appellant shall file and serve the opening brief within 120 days from the date of this order. The answering brief and reply brief shall be filed in compliance with NRAP 31. fn1[On October 19, 2001, the parties filed a stipulation to extend the time to file briefs in this appeal. The stipulation is disapproved as moot.] 01-18216
12/06/2001Order/ProceduralFiled Order. On August 3, 2001, appellant filed a proper person notice of appeal. Because counsel for appellant filed a second notice of appeal from the district court's order on September 14, 2001, the clerk of this court inadvertently opened two separate cases, docket Nos. 38285 and 38507. We direct the clerk of this court administratively to close Docket No. 38285. The clerk of this court shall transfer to Docket No. 38507 all documents filed or received in Docket No. 38285. This appeal shall proceed under Docket No. 38507. 01-20442
12/06/2001Other Other. 12/06/01 ORDER: TRANSFERRED ORIGINALS FROM DOCKET NO. 38285 (ADMINISTRATIVELY CLOSED) TO DOCKET NO. 38507. 08/08/01 Filing Fee Waived: In Forma Pauperis.clerk3 08/08/01 Filed Certified Copy of proper person Notice of Appeal. Appeal docketed in the Supreme Court this day.clerk3 (01-13423) 10/16/01 Filed Order/Transmit Certified Copy of Final Order. Order due from the district court: 30 days.clerk1 (01-17465) 10/29/01 Filed District Court Order/Judgment. Certified copy of Order Denying Petition for Writ of Habeas Corpus filed in district court on 8/16/01.clerk3 (01-18129) 11/27/01 Filed Order. This appeal is governed by Nevada Rule of Appellate Procedure 3C. It appears that appellant was represented by Jeffrey Kump during the lower court proceedings. Therefore, Mr. Kump is hereby ordered to comply with NRAP 3C and, within 10 days from the date of this order file a transcript request form or a certificate stating that no transcript is required in this appeal. fn1[If transcripts have already been prepared and are on file in the district court, the parties may include such transcripts in the appendix without filing a transcript request form.] Mr. Kump shall file a fast track statement within 40 days of this order. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C.clerk1 (01-19840)
02/04/2002TranscriptFiled Rough Draft Transcript of Proceedings. Proceedings: 08/15/94; 08/16/94; 08/18/94; 10/11/94; 10/12/94; 10/13/94 (2); and 11/29/94. Court Reporrter: Lisa M. Manley. 02-02254
03/01/2002BriefFiled Opening Brief. Mailed on: UPS 2/28/02. Signed by Jeffrey J. Kump. Fast Track Statement. (See 03/11/02 order). This is Appellant's Opening Brief--See 03/20/02 order. 02-03829
03/11/2002Order/ProceduralFiled Order. On October 1, 2001, appellant filed a transcript request form requesting the preparation of transcripts by court recorder Christian Knox. We elect to treat the request for the July 27-28, 2000, transcripts as a request for a transcript of the proceedings conducted on June 19, 2001. Because the June 19, 2001, transcript of proceedings was filed with this court on October 5, 2001, we deem all requested transcripts filed with this court. On March 1, 2002, appellant filed a 16-page 'Opening Brief'. The brief was not accompanied by an appendix. We note that this appeal is subject to NRAP 3C and therefore the filing of a 16-page 'Opening Brief' was improper. Despite the procedural deficiencies, and in the interest of judicial efficiency, we elect to treat the 'Opening Brief' as a fast track statement and we waive the requirement of NRAP 3C(e)(1) limiting the fast track statement to 10 pages. Appellant shall have 10 days from the date of this order to file and serve an appendix that complies with NRAP 3C(e). We admonish appellant's counsel for failing to comply with the Nevada Rules of Appellate Procedure and caution appellant that future failure to comply with the Nevada Rules of Appellate Procedure may result in the imposition of sanctions. Respondent shall have 20 days from the filing of the appendix to file and serve a fast track response. 02-04326
03/13/2002MotionReceived Proper Person Motion. Motion for Leave to File A Supplemental Brief. 02-04542
03/20/2002Order/ProceduralFiled Order. This appeal was docketed in this court as a fast track appeal on September 20, 2001. On October 22, 2001, appellant filed a motion requesting full briefing. That motion was granted on October 31, 2001. On December 6, 2001, this court entered an order administratively closing the appeal in Docket No. 38285 because it appeared that appeal was a duplicate of the appeal in Docket No. 38507. Pursuant to that order, all documents filed or received in Docket No. 38285 were transferred to Docket No. 38507. Because the appeal in Docket No. 38285 was a fast track appeal, upon the transfer of the documents in Docket No. 38285 to Docket No. 38507, the appeal in Docket No. 38507 was re-designated a fast track appeal. We conclude that the re-designation of this appeal as a fast track appeal was improper. Accordingly, we vacate that portion of our March 11, 2002, order that directed the parties to comply with NRAP 3C. Appellant shall have to and including March 21, 2002, to file and serve an appendix to the opening brief. Respondent shall have to and including April 1, 2002, to file and serve the answering brief. Appellant shall have 30 days after service of the answering brief to file and serve a reply brief, if deemed necessary. 02-04962
03/21/2002AppendixFiled Appendix to Opening Brief. 02-05058
03/22/2002Fast Track BriefFiled Fast Track Response. 02-05169
04/04/2002BriefFiled Answering Brief. Mailed on: 03/29/02. Signed by: Alvin R. Kacin. 02-05978
05/06/2002Other Incoming DocumentReceived Proper Person Document. Appellant's Request for Leave to file Proper Person Supplemental Opening Brief. 02-07936
05/22/2002Case Status Update Submitted for Decision. No reply brief filed.
07/11/2002Order/ProceduralFiled Order Denying Motion. On March 13, 2002, and May 6, 2002, appellant submitted proper person motions seeking leave to file a proper person supplement to the opening brief. We note that appellant is represented by counsel in this appeal. No good cause appearing, we deny appellant's motions. The clerk shall return, unfiled, "Appellant's Supplemental Opening Brief" submitted on May 6, 2002. Appellant shall address all concerns relating to this appeal to his counsel of record. fn 1[Because we elect to resolve the motions on the merits, we direct the clerk to file the motions. However, we decline to grant appellant permission to file additional documents in proper person. NRAP 46(b).] 02-11861
07/11/2002MotionFiled Proper Person Motion. Motion for Leave to File A Supplemental Brief. 02-04542
07/11/2002Other Incoming DocumentFiled Proper Person Document. Appellant's Request for Leave to file Proper Person Supplemental Opening Brief. 02-07936
07/11/2002Other Returned Unfiled Document. Appellant's Supplemental Opening Brief. 02-07938
03/04/2003Case Status Update Resubmitted for Decision. Panel: Northern Nevada Panel. NNP03-RR/WM/MG
04/21/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP03-RR/WM/MG 03-06708
05/16/2003RemittiturIssued Remittitur. 03-06784
05/16/2003Case Status Update Remittitur Issued/Case Closed.
05/27/2003RemittiturFiled Remittitur. Received by County Clerk on May 19, 2003. 03-06784