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United States Court Cases

Nevada Supreme/Appellate Court Record

WEIBLE (JOHN) VS. STATE

Case Information: 40026
Short Caption:WEIBLE (JOHN) VS. STATECourt:Supreme Court
Lower Court Case(s):Clark Co. - Eighth Judicial District - C174717Classification: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
08/07/2002Filing Fee Filing Fee Waived.
08/07/2002Notice 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.) 02-13518
10/11/2002Order/ProceduralFiled Order. To date, no fast track statement has been filed. Appellant's counsel Gary M. Segal shall file and serve the fast track statement and appendix within 10 days of this order or show cause why counsel for appellant should not be sanctioned. 02-17585
11/21/2002Order/CounselFiled Order/Sanctions. Segal has failed to respond to this court's order of October 11, 2002. We conclude that the imposition of a monetary sanction is appropriate. Segal 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. Segal shall file and serve the fast track statement and appendix within 10 days of this order or show cause why Segal should not be sanctioned further. 02-20073
01/24/2003Order/CounselFiled Order/Sanctions. Segal failed to respond to this court's order filed October 11, 2002, and on November 21, 2002, we imposed a monetary sanction in the amount of $500.00. We further ordered Segal to file the fast track statement on or before December 2, 2002. Segal has again failed to respond to this court's order. We conclude that the imposition of an additional monetary sanction is appropriate. Segal shall personally pay the sum of $1,000.00 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. fn1[This amount is in addition to the previously-imposed sanction which is unpaid and overdue.] Further, Segal shall file and serve the fast track statement within 10 days of this order or show cause why Segal should not be sanctioned further, including referral to the State Bar of Nevada for investigation and possible disciplinary action. 03-01369
03/20/2003Order/ProceduralFiled Order. Order Removing Counsel of Record, Referring Counsel to State Bar, and Remanding for Appointment of New Counsel. Segal failed to respond to this court's order of October 11, 2002, and on November 21, 2002, we imposed a monetary sanction in the amount of $500.00 and ordered Segal to file the fast track statement. Segal again failed to respond to this court's order, and on January 24, 2003, we imposed a monetary sanction in the amount of $1,000.00 and ordered Segal to file the fast track statement and appendix or show cause why he should not be sanctioned further, including referral to the State Bar of Nevada. Segal has once again disregarded an order of this court. We refer this matter to the State Bar of Nevada for investigation pursuant to SCR 105. Bar counsel shall, within 90 days of this order, inform this court of the status or results of the investigation and any disciplinary proceedings in this matter. We remand this appeal to the district court for a determination of whether appellant is indigent. If appellant is indigent, the district court shall have 30 days within which to appoint counsel for appellant. If appellant is not indigent, appellant shall have 30 days from the date of the determination that he is not indigent to secure new counsel and have counsel enter an appearance with this court. The clerk of the district court shall promptly file with the clerk of this court a copy of the written order of appointment or written or minute order determining that appellant is not indigent. If counsel is appointed, the clerk of the district court shall serve a copy of this order on the attorney appointed and provide proof of such service to the clerk of this court. Whether appointed or retained, new counsel shall enter an appearance with the clerk of this court within 10 days of the date of appointment or retention. Counsel shall, within 10 days of appointment, file a transcript request form in compliance with NRAP 3C, or a certificate that no transcripts are required and within 60 days of appoint file the fast track statement and appendix. Thereafter, this appeal shall proceed in accordance with the provisions of NRAP 3C. 03-04814
04/29/2003Notice/IncomingFiled Notice of Appearance. Representing appellant: Clark County Public Defender. 03-07308
04/30/2003Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 04/26/01. Court Reporter: Janice Liston. Filed in district court on: 04/28/03. 03-07358
04/30/2003Transcript RequestFiled Request for Rough Draft Transcript(s). Transcripts requested: 05/10/01, 11/08/01, 01/03/02, 06/20/02, 04/15/02. Court Reporter: Tom Mercer. Filed in district court on: 04/28/03. 03-07359
05/01/2003Notice/IncomingFiled Notice of Appointment of Counsel. Certified copy of notice from Clark County Clerk filed in district court onApril 28, 2003 enclosing a copy of minute order. Clark County Public Defender's Office appointed as counsel for appellant. 03-07407
05/05/2003TranscriptFiled Transcript. Proceedings: April 26, 2001. Court Reporter: Janice R. Liston. 03-07568
05/06/2003Notice/IncomingFiled Proof of Payment of Sanction. Check no. 2279 in the amount of $500.00 payable to the Supreme Court Law Library. 03-07600
05/13/2003Notice/IncomingFiled Proof of Payment of Sanction. Check no. 2288 in the amount of $1,000.00 payable to the Supreme Court Law Library. 03-08158
06/13/2003Notice/IncomingFiled Notice. Certificate Verifying Payment of Sanctions ($1,000). 03-09924
06/13/2003Notice/IncomingFiled Notice. Certificate Verifying Payment of Sanctions ($500). 03-09927
06/18/2003Notice/IncomingFiled Status Report. Report from Bar Counsel re attorney Gary M. Segal. NOTE: This original document was placed in attorney Segal's bar file. No copy was placed in the correspondence file for this case.
06/18/2003MotionFiled Motion. Motion to Seal Report. 03-10211
06/27/2003Notice/IncomingFiled Affidavit. Affidavit of Terry E. McCoy (attached to Report from Bar Counsel in Mr. Segal's bar filed). 03-10853
07/01/2003Order/Clerk'sFiled Order Granting Extension Per Telephonic Request. Fast Track Statement and Appendix due: July 7, 2003. 03-11056
07/03/2003Order/ProceduralFiled Order Denying Motion. as Moot. On June 18, 2003, bar counsel filed a report regarding the investigation of Mr. Sega. Bar counsel additionally filed a motion to seal the report. We note that bar counsel's report was placed in Mr. Segal's confidential attorney file and has not been filed in the appellate court record of this appeal. Accordingly, we deny, as moot, bar counsel's motion to seal the report. 03-11149
07/08/2003Fast Track BriefFiled Fast Track Statement. 03-11431
07/08/2003AppendixFiled Appendix to Fast Track Statement. 03-11432
07/30/2003Fast Track BriefFiled Fast Track Response. 03-12796
07/30/2003AppendixFiled Appendix to Fast Track Response. 03-12797
09/19/2003Order/ProceduralFiled Order. To date, this court has not received a copy of the transcripts requested by appellant's counsel on April 28, 2003. Court reporter Tom Mercer shall deliver a copy of the requested transcripts (May 10, 2001, November 8, 2001, January 3, 2002, June 20, 2002, and April 15, 2002) within 10 days from the date of this order or show cause why he should not be sanctioned. 03-15680
10/02/2003TranscriptFiled Transcript. Proceedings: 5/10/01; 11/8/01; 1/3/02; 6/20/02. Court Reporter: Tom Mercer. 03-16447
10/15/2003Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." NNP04S-NB/MS/MG 03-17097
11/12/2003RemittiturIssued Remittitur. 03-17547
11/12/2003Case Status Update Remittitur Issued/Case Closed.
12/04/2003RemittiturFiled Remittitur. Received by County Clerk on November 14, 2003. 03-17547