| Docket Entries |
| Date | Type | Description | Pending? | Document |
| 10/17/2002 | Filing Fee | Filing Fee Waived. | | |
| 10/17/2002 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | | 02-18102
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| 10/23/2002 | Transcript | Filed Transcript. Proceedings: Hearing on Writ of Habeas Corpus 1/4/91; Hearing on Writ of Habeas Corpus 1/4/01 and 3/21/01; Ex Parte Hearing 3/21/01-SEALED-by Order of the District Court; Motions 3/27/02; Continued Hearing on Post Conviction Writ of Habeas Corpus 8/29/02; Continued Hearing on Post Conviction Writ of Habeas Corpus 8/30/02. Court Reporter: Lee M. Bahr. | | 02-18369
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| 10/31/2002 | Transcript Request | Filed Request for Transcript of Proceedings. Transcripts requested: 1/4/01; 3/27/02; 8/29/02; and 8/30/02. To Court Reporter: Lee Bahr. | | 02-18765
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| 12/02/2002 | Motion | Filed Motion. | | 02-20510
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| 12/11/2002 | Notice/Incoming | Filed Notice of Appearance. Representing appellant: Rick Lawton. | | 02-21163
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| 12/16/2002 | Order/Procedural | Filed Order. On December 2, 2002, attorney Matthew J. Stermitz filed a motion requesting this court's permission to withdraw as counsel for appellant. On December 11, 2002, Mr. Lawton filed a formal notice of appearance as counsel for appellant. Cause appearing, Mr. Stermitz' motion to withdraw is hereby granted. fn1[On November 4, 2002, the court received a proper person motion from appellant seeking to terminate Mr. Stermitz as his counsel and the appointment of substitute counsel. The proper person motion is denied as moot. Appellant has not been granted permission to file documents in proper person, see NRAP 46, and he should henceforth proceed in this court by and through his newly appointed counsel.] On November 31, 2003, Mr. Stermitz filed a transcript request form. In the event that Mr. Lawton determines that additional transcripts are required, he shall file and serve on the court reporter and all parties to the appeal a supplemental transcript request form within 15 days from the date of this order, 15 days to prepare and file a docketing statement, and 120 days to serve and file an opening brief and appendix. Briefing shall proceed in accordance with NRAP 31(a)(1). (Docketing statement mailed to Mr. Lawton, counsel for appellant.) | | 02-21428
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| 01/02/2003 | Motion | Filed Motion to Extend Time. Motion to Extend Time to File Docketing Statement and Supplemental Transcript Request. | | 03-00093
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| 01/09/2003 | Order/Procedural | Filed Order Granting Motion. filed January 2, 2003. The clerk of this court shall file the docketing statement provisionally received on January 8, 2003. Appellant shall have until January 15, 2003, to file and serve a supplemental transcript request form if counsel determines that additional transcripts are required. | | 03-00434
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| 01/09/2003 | Docketing Statement | Filed Docketing Statement. | | 03-00397
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| 01/09/2003 | Notice/Incoming | Filed Proof of Service. to Docketing Statement filed on 01/09/03. | | 03-00435
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| 01/15/2003 | Transcript Request | Filed Request for Transcript of Proceedings. Supplemental Transcripts Request. Transcripts requested: 01/04/01, 03/21/01, 03/21/01 (sealed transcripts), 03/27/02, 08/29/02, and 08/30/02. To Court Reporter: Lee M. Bahr. | | 03-00789
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| 04/22/2003 | Motion | Filed Motion to Extend Time. | | 03-06869
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| 04/25/2003 | Order/Procedural | Filed Order Granting Motion. filed April 22, 2003. Appellant shall have until May 26, 2003, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-07086
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| 05/28/2003 | Motion | Filed Motion to Extend Time. Second Request to Extend Time to File Opening Brief. | | 03-08934
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| 06/02/2003 | Order/Procedural | Filed Order Granting Motion. filed May 28, 2003. Appellant shall have until June 30, 2003, to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). | | 03-09102
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| 07/01/2003 | Notice/Outgoing | Issued Notice of Deficient Brief. Returned Unfiled Appellant's Opening Brief. Corrected brief due: 10 days. | | |
| 07/01/2003 | Notice/Outgoing | Issued Notice of Deficient Appendix. Returned Unfiled Appellant's Appendix. Corrected appendix due: 10 days. | | |
| 07/15/2003 | Brief | Filed Opening Brief. | | 03-11910
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| 07/15/2003 | Appendix | Filed Appendix to Opening Brief. | | 03-11911
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| 07/28/2003 | Notice/Incoming | Received Proof of Service. for the Appendix filed on 07/15/03. (Attached to inside back cover of appendix.) | | |
| 08/06/2003 | Notice/Incoming | Filed Proof of Service. for Opening Brief filed on 07/15/03. Attached to inside back cover of original and copies of Opening Brief. | | 03-13183
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| 08/07/2003 | Brief | Filed Answering Brief. | | 03-13225
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| 08/07/2003 | Appendix | Filed Appendix to Answering Brief. | | 03-13226
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| 09/04/2003 | Motion | Filed Motion and Order Extending Time. Brief due: October 7, 2003. | | 03-14840
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| 10/07/2003 | Motion | Filed Motion to Extend Time. | | 03-16710
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| 10/13/2003 | Order/Procedural | Filed Order Granting Motion. filed October 7, 2003. Appellant shall have until October 22, 2003, to file and serve the reply brief. | | 03-16951
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| 10/23/2003 | Brief | Filed Reply Brief. | | 03-17678
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| 10/23/2003 | Appendix | Filed Appendix to Reply Brief. | | 03-17679
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| 10/23/2003 | Case Status Update | Submitted for Decision. | | |
| 11/03/2003 | Order/Procedural | Filed Order. On July 14, 2003, this court received a proper person letter from appellant. In his letter, appellant requests permission to file a proper person Supplemental Opening Brief and for this court to 'order the record be made available to it so as to allow Appellant to point the Court to specific areas germane to carrying his burden in this appeal.'
We note that appellant is represented by counsel in this appeal. We decline to grant appellant permission to file documents in proper person. See NRAP 46(b). Accordingly, we direct the clerk of this court to return, unfiled, the proper person document received on July 14, 2003. Appellant shall address all questions and concerns regarding this appeal to counsel, and shall proceed through counsel in the prosecution of this appeal. Should counsel determine that any additional filings are appropriate, counsel may file a motion requesting the appropriate relief. | | 03-18252
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| 11/03/2003 | Notice/Outgoing | Issued Letter. to appellant Roger A. Libby. Returned unfiled, the original "Proper Person Letter requesting the Court to allow him to submit a Supplemental Opening Brief and requesting the Court to order the record to be made available, received on July 14, 2003." | | |
| 11/04/2003 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." fn28[To the extent appellant contends that his conviction violates the Fourth, Fifth, and Eighth amendments to the United States and Nevada Constitutions and the presumption of innocence, we conclude that appellant waived these claims by failing to raise them in his direct appeal and by failing to plead specific facts that demonstrate good cause for failing to raise them in the prior proceeding.] NNP04S-NB/MS/MG | | 03-18368
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| 12/02/2003 | Remittitur | Issued Remittitur. | | 03-18615
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| 12/02/2003 | Case Status Update | Remittitur Issued/Case Closed. | | |
| 12/22/2003 | Remittitur | Filed Remittitur. Received by County Clerk on December 3, 2003. | | 03-18615
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