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United States Court Cases

Nevada Supreme/Appellate Court Record

CHAPMAN (BRIAN) VS. STATE

Case Information: 35894
Short Caption:CHAPMAN (BRIAN) VS. STATECourt:Supreme Court
Lower Court Case(s):Nye Co. - Fifth Judicial District - CR3312Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:12/10/2001 at 11:00 AMOral Argument Location:Carson City
Submission Date:12/10/2001How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
04/04/2000Filing Fee Filing Fee Waived.
04/04/2000Notice 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.) 00-05391
04/21/2000Other Other. Counsel for Appellant called. We have the wrong address for him. He did not receive the receipt for documents when this case was opened. (Changed address and mailed fast track notice to Mr. Duncan).
05/30/2000MotionFiled Motion to Extend Time. 00-09060
06/05/2000Order/ProceduralFiled Order Granting Motion. The clerk of this court shall file, forthwith, the fast track statement provisionally submitted on May 30, 2000. 00-09364
06/05/2000Fast Track BriefFiled Fast Track Statement. 00-09074
07/18/2000Order/ProceduralFiled Order/Fast Track. To date, no fast track response has been filed. Counsel for respondent shall file and serve the fast track response within 10 days of this order or show cause why counsel for respondent should not be sanctioned. 00-12426
07/27/2000Other Returned Unfiled Document. (appendix attached).
08/02/2000Fast Track BriefFiled Fast Track Response. 00-13384
08/02/2000AppendixFiled Appendix to Fast Track Response. 00-13385
08/16/2000Order/ProceduralFiled Order/Full Briefing. We have determined that full briefing will assist the court in the disposition of this appeal. The appellant shall file and serve the opening brief within 40 days after the date of this order. The answering brief and reply shall filed in compliance with NRAP 31. 00-14346
10/06/2000MotionFiled Motion to Dismiss Appeal. 00-17753
11/06/2000Order/ProceduralFiled Order Resolving Motion or Stipulation. We decline to dismiss appellant's appeal and deny respondent's motion to dismiss. Appellant shall have 15 days from the date of this order to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Failure to file and serve the opening brief and appendix in a timely manner may result in the imposition of sanctions against appellant's counsel. 00-19491
12/07/2000Other Other. Received returned copy of order filed 11/06/00 addressed to Dwight Duncan (counsel for appellant; suspended 11/30/00). Returned envelope reads ("Moved Left no Address, Unable to Forward, Return to Sender")
12/29/2000MotionFiled Motion to Dismiss Appeal. 00-22703
03/01/2001Order/ProceduralFiled Order. On December 29, 2000, respondent filed a second motion to dismiss this appeal. In the alternative, respondent requests this court to remand this appeal to the district court for the appointment of counsel. No good cause appearing, we deny respondent's motion to dismiss this appeal. This court entered an order in Docket No. 37049 on November 30, 2000, that temporarily suspended appellant's counsel, attorney Dwight E. Duncan. Accordingly, we remand this appeal for the limited purpose of securing counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint counsel for appellant. Otherwise, this district court shall order that, within 30 days, appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment of appearance of counsel, the district court clerk shall: (1) transmit to the clerk of this court a copy of the district court's written or minute order; and (2) serve a copy of this order of remand on appellant's counsel. Thereafter, counsel shall have 10 days to file a notice of appearance with the clerk of this court. As this court entered an order on August 16, 2000, directing full briefing of this appeal, new counsel shall have 40 days from the filing of the notice of appearance to file and serve the opening brief and appendix. Respondent shall file the answering brief within 30 days of receipt of the opening brief and appendix. Appellant may then file a reply brief within 30 days of filing of the answering brief. 01-03823
03/12/2001Order/IncomingFiled District Court Order. Filed copy of order filed in district court on March 5, 2001, appointing the Nye County Public Defender as counsel for appellant. 01-04389
03/15/2001Notice/IncomingFiled Notice of Appearance. Representing appellant: Harold Kuehn. (Docketing Statement mailed to counsel for appellant.) 01-04677
03/23/2001Docketing StatementFiled Docketing Statement. 01-05152
03/23/2001BriefFiled Opening Brief. Mailed on: 03/21/01. 01-05153
03/23/2001AppendixFiled Appendix to Opening Brief. 01-05155
04/13/2001BriefFiled Answering Brief. Mailed on: 04/11/01. 01-06404
06/04/2001Case Status Update Briefing Completed.
10/30/2001Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 10, 2001, at 11:00 a.m. in Carson City. (NNP02-MS/RR/NB)
11/26/2001Notice/OutgoingIssued Oral Argument Reminder Notice.
12/10/2001Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP02-MS/RR/NB.
03/15/2002Opinion/DispositionalFiled Per Curiam Opinion. "Affirmed" Before Shearing, Rose and Becker, JJ. Per Curiam. 118 Nev. Adv. Opn. No. 18. NNP02 02-04701
04/09/2002RemittiturIssued Remittitur. 02-04887
04/09/2002Case Status Update Remittitur Issued/Case Closed.
04/23/2002RemittiturFiled Remittitur. Received by County Clerk on April 11, 2002. 02-04887