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United States Court Cases

Nevada Supreme/Appellate Court Record

WADE (MORRIS) VS. STATE

Case Information: 39429
Short Caption:WADE (MORRIS) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C143913Classification:Criminal Appeal - Fast Track - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:How Submitted:

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/02/2002Filing Fee Filing Fee Waived.
04/02/2002Notice 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.) 02-05891
05/13/2002MotionFiled Motion to Extend Time. 02-08313
05/31/2002Order/ProceduralFiled Order Denying Motion. Appellant was represented at trial by John P. Lukens and John H. Sarb. On April 2, 2002, when this appeal was docketed, this court mistakenly sent a notice to Christopher Oram, directing him to file the fast track statement on behalf of appellant. The district court allowed Mr. Lukens and Mr. Sarb to withdraw after sentencing and appointed Mr. Oram counsel for appellant. Trial counsel may not withdraw from a fast track appeal without leave of this court. Accordingly, Mr. Lukens and Mr. Sarb may not withdraw until they have fulfilled the obligations placed on trial counsel by NRAP 3C(b). fn1[Mr. Oram shall continue as appellate counsel, and may file a supplemental fast track statement if necessary, as provided by NRAP 3C(g). On May 13, 2002, Mr. Oram filed a motion for an extension of time. The motion is denied. Mr. Lukens and Mr. Sarb shall have 40 days from the date of this order to file a fast track statement (and appendix). Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 02-09559
08/09/2002Order/ProceduralFiled Order/Fast Track. To date, no fast track statement has been filed. Mr. Sarb and Mr. Lukens shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Mr. Sarb and Mr. Lukens should not be sanctioned. 02-13620
08/27/2002Fast Track BriefFiled Fast Track Statement. STRICKEN PER ORDER FILED 10/11/02. 02-14709
08/27/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: January 14, 2002 through January 18, 2002. To Court Reporter: Cat Nelson. 02-14711
09/20/2002MotionFiled Motion to Strike. Motion to Strike Fast Track Statement. 02-16358
10/11/2002Order/ProceduralFiled Order Granting Motion. filed September 20, 2002. The clerk of this court shall strike that fast track statement filed on August 27, 2002. Mr. Sarb shall, within 10 days of this order, file on behalf of this appellant a transcript request form in compliance with NRAP 3C, or certificate stating that no transcript is required in this appeal. Mr. Sarb shall also file and serve a fast track statement and appendix that comport with the requirements of NRAP 3C(e) within 20 days of this order, or show cause why Mr. Sarb should not be sanctioned for failure to comply with NRAP 3C. Fn1[On August 27, 2002, Mr. Sarb filed a request for transcript of proceedings, but that request does not meet the requirements of NRAP 3C(d) regarding rough draft transcript requests (FAST TRACK STATEMENT STRICKEN). 02-17604
12/13/2002Order/CounselFiled Order/Sanctions. John H. Sarb has failed to respond to this court's order of October 11, 2002. We conclude that the imposition of a monetary sanction is appropriate. Sarb shall personally pay the sum of $500.00 to the Supreme Court Law Library and provide the clerk of this court with an affidavit or certificate verifying that payment has been made within 20 days of the date of this order. Sarb shall file and serve the fast track statement within 10 days of this order or show cause why Sarb should not be sanctioned further. 02-21336
01/02/2003Letter/IncomingFiled Letter. from attorney John H. Sarbs regarding order filed on December 13, 2002. 03-00124
01/10/2003Notice/IncomingFiled Affidavit. Affidavit of John H. Sarb, Esq. (re: $500 to the Supreme Court Law Library). 03-00546
01/22/2003Order/ProceduralFiled Order. Sarb shall have 20 days from the date of this order to prepare and file an appendix and an amended fast track statement that contains appropriate citations to that appendix. Sarb also informs this curt in the letter of January 2, 2003, that appellant wishes to assert as grounds in the instant appeal that he received ineffective assistance of counsel. Claims of ineffective assistance of counsel are more appropriately raised in the district court in the first instance by way of a petition for post-conviction relief. Court reporter or recorder Cat Nelson shall have 10 days from the date of this order to file the requested transcripts or show cause why she should not be sanctioned. 03-01102
02/18/2003Fast Track BriefFiled Fast Track Statement. 03-02657
02/18/2003AppendixFiled Appendix to Fast Track Statement. 03-02659
03/07/2003Fast Track BriefFiled Fast Track Response. 03-03890
04/04/2003Order/ProceduralFiled Order. Permitting Counsel to Withdraw. Mr. Lukens and Mr. Sarb have now fulfilled their obligations under NRAP 3C. They are hereby relieved and replaced by attorney Christopher Oram as counsel of record in this appeal. fn1[Lukens' and Sarb's withdrawal as counsel of record is conditioned upon their full compliance with new appellate counsel.] Mr. Oram shall have 20 days from the date of this order to file and serve a supplemental fast track statement of no more than 10 pages. The State shall have 20 days from the date of service of the supplemental fast track statement to file and serve a supplemental fast track response. 03-05651
04/28/2003MotionFiled Motion to Extend Time. 03-07132
05/27/2003MotionFiled Motion to Extend Time. Motion for Extension of Time to File Supplement to Fast Track Statement. 03-08824
06/13/2003Order/ProceduralFiled Order Granting Motion. Cause appearing, the motions for an extension of time within which to file a supplemental fast track statement are hereby granted. Attorney Oram shall have to and including June 25, 2003, within which to file and serve a supplemental fast track statement. 03-09890
06/26/2003Fast Track BriefFiled Fast Track Statement. 03-10749
06/26/2003AppendixFiled Appendix to Fast Track Statement. Appellant's Apppendix to the Supplemental Fast Track Statement. Vols. 1 through 4. 03-10750
07/17/2003Fast Track BriefFiled Fast Track Response. 03-12147
09/22/2003Order/ProceduralFiled Order. The clerk of the district court is directed to forward the transcripts of the jury trial, occurring between January 9-17, 2002, and the transcripts of the hearing on appellant's motion for acquittal, occurring on February 21, 2002, (filed in district court on September 24, 2002, and April 2, 2003, respectively) to this court. 03-15826
09/29/2003TranscriptFiled Transcript. Proceedings:1/9/02; 1/10/02; 1/14/02; 1/15/02; 1/16/02; 1/17/02; 1/18/02; and 2/21/03. Court Reporter: Cat Nelson. 03-16232
11/25/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." SNP04-DA/RR/WM 03-19736
12/23/2003RemittiturIssued Remittitur. 03-19748
12/23/2003Case Status Update Remittitur Issued/Case Closed.
01/02/2004RemittiturFiled Remittitur. Received by County Clerk on December 26, 2003. 03-19748