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United States Court Cases

Nevada Supreme/Appellate Court Record

CUCCIA, JR. (ANTHONY) VS. STATE

Case Information: 40188
Short Caption:CUCCIA, JR. (ANTHONY) VS. STATECourt:Supreme Court
Related Case(s): 45072
Lower Court Case(s):Clark Co. - Eighth Judicial District - C166007Classification:Criminal Appeal - Life - Direct
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:12/09/2003 at 10:30 AMOral Argument Location:Carson City
Submission Date:12/09/2003How Submitted:After Oral Argument

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
09/11/2002Filing Fee Filing Fee Waived.
09/11/2002Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) 02-15789
09/23/2002Docketing StatementFiled Docketing Statement. 02-16421
09/23/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 11/27/01; 12/11/01; 1/24/02; 3/21/02; 4/02/02; 4/23/02; 5/7/02; 5/21/02; 5/30/02; 6/6/02; 6/13/02; 6/17/02 ending 6/18/02; 7/9/02; and 8/6/02. To Court Reporter: Shirlee Prawalsky. 02-16422
09/23/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 3/30/00; 4/11/00; 4/21/00; 9/21/00; 11/8/00; 12/26/00; 6/4/01; 6/26/01; 6/28/01; 7/24/01; 8/2/01; and 8/7/01. To Court Reporter: Maureen Schorn and Joe D'Amato. 02-16425
10/21/2002Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 10/15/02. To Court Reporter: Shirlee Prawalsky. 02-18265
11/18/2002TranscriptFiled Transcript. Proceedings: 11/27/01; 12/11/01; 01/24/02; 03/21/02; 04/02/02; 04/23/02; 05/07/02; 05/21/02; 05/30/02; 06/06/02; 06/13/02; 06/17/02; 06/18/02; 07/09/02; and 08/06/02. Court Reporter: Shirlee Prawalsky. 02-19823
12/02/2002TranscriptFiled Transcript. Proceedings: March 30, 2000; April 11, 2000; September 21, 2000; November 8, 2000; December 26, 2000; June 4, 2001; June 28, 2001; and August 2, 2001. Court Reporter: Maureen Schorn. 02-20561
12/05/2002Order/Procedural Order. Court reporter Joe D'Amato shall have 20 days from the date of this order to prepare and file the transcript for proceedings conducted on April 21, 2000, June 26, 2001, July 24, 2001, and August 7, 2001. If more time is needed to complete the preparation of the transcript, Mr. D'Amato, within the same time period, shall file a motion requesting an extension of time or if the transcript cannot be produced, shall notify this court, in writing, of this fact. 02-20818
12/24/2002TranscriptFiled Transcript. Proceedings: 4/21/00; 7/24/01; and 8/7/01. Court Reporter: Joseph D'Amato. 02-22006
01/02/2003MotionFiled Stipulation and Order. Brief due: February 3, 2003. 03-00060
01/16/2003Letter/IncomingReceived Proper Person Letter. Letter dated January 11, 2003.
01/27/2003Letter/IncomingFiled Letter. from Public Defender's Office. Response to Proper Person letter.
02/05/2003MotionFiled Motion to Extend Time. Application for Extension of Time. (Second Request) 03-01951
04/14/2003Order/ProceduralFiled Order. to file Transcript, Filing Opening Brief and Appendix, and Returning Proper Person Documents. On February 5, 2003, appellant filed a motion for an extension of time until March 5, 2003, to file the opening brief and appendix. Because appellant did not submit the opening brief and appendix for filing by the date requested in the motion, we deny the motion. In the interest of judicial efficiency, we direct the clerk of this court to file the opening brief and appendix received on March 25, 2003. Respondent shall have 30 days from the date of this order to file and serve the answering brief. On March 18, 2003, appellant submitted a proper person document entitled 'Motion to Proceed Pro-Se.' fn1[Although appellant has not been granted permission to proceed in proper person, we direct the clerk to file this motion. However, we decline to grant appellant permission to file additional documents in proper person. See NRAP 46(b). We deny appellant's request to replace his court appointed attorney and alternative request to proceed on appeal in proper person. The clerk shall return, unfilled, the proper person documents received on January 8, 2003, February 28, 2003, and the March 18, 200d, motions entitled 'Motion to Withdraw Earlier Motion to Withdraw Direct Appeal' and 'Motion Appointment of New Counsel.' Appellant shall address all concerns relating to this appeal to his counsel of record. 03-06283
04/14/2003BriefFiled Opening Brief. Mailed on: Express-No postmark. 03-05071
04/14/2003AppendixFiled Appendix to Opening Brief. Volumes 1 and 2. 03-05072
04/14/2003MotionFiled Proper Person Motion. Motion to Proceed Pro-Se. 03-04526
04/14/2003Notice/OutgoingIssued Letter. to appellant Anthony Cuccia, Jr. Returned unfiled, the original "Proper Person Letter dated January 4, 2003 in regards to filing a supplemental brief and also, a copy of a letter sent to attorney in December, 2002" received January 8, 2003; "Proper Person Motion Dismissal of Counsel or Withdrawal of Appeal" received February 28, 2003; Proper Person Motion for Appointment of New Counsel" received March 18, 2003; Proper Person Motion to Withdraw Earlier Motion to Withdraw Direct Appeal" received March 18, 2003.
04/23/2003TranscriptFiled Transcript. Proceedings: June 26, 2001. Court Reporter: Joseph A. D'Amato. 03-06901
05/15/2003BriefFiled Answering Brief. 03-08337
05/27/2003BriefFiled Reply Brief. 03-08829
06/11/2003Order/ProceduralFiled Order. On June 3, 2003, appellant submitted a document entitled "Motion Against Corruption in the Interest of Justice." We note that appellant is represented by counsel in this appeal. Accordingly, we deny appellant leave to file papers in proper person. NRAP 46(b0. The clerk of this court shall return, unfiiled, appellant's motion received on June 3, 2003. Appellant shall proceed hereafter by and through his counsel of record and shall address concerns relating to this appeal to counsel. 03-09746
06/11/2003Notice/OutgoingIssued Letter. to appellant Anthony Cuccia. Returned unfiled, the original proper person "Motion Against Corruption in the Interest of Justice" received June 3, 2003.
07/25/2003Order/ProceduralFiled Order Denying Motion. On July 10, 2003, appellant submitted a proper person document entitled "Dismissal of Current Counsel and Appointment of New Counsel." We note that appellant has not been granted permission to file documents in proper person. See NRAP 46(b). Nevertheless, because we elect to resolve this motion, we direct the clerk of this court to file the proper person document received on July 10, 2003. No good cause having been shown, we deny appellant's proper person request to remove and substitute his court appointed counsel. 03-12575
07/25/2003MotionFiled Proper Person Motion. Dismissal of Current Counsel and Appointment of New Counsel. 03-11621
09/05/2003Order/ProceduralFiled Order. On July 25, 2003, this court entered an order denying, for lack of good cause, appellant's proper person request to remove and substitute his court appointed counsel. Appellant has submitted a proper person document entitled "Objection to Order Denying Motion for Dismissal of Current Counsel, and, Appointment of New Counsel." To the extent that appellant requests this court to reconsider the July 25, 2003, order, we deny the request. fn1[Because we elect to resolve the proper person document on the merits, we direct the clerk of this court to file the document. However, we decline to grant appellant permission to file additional documents in proper person. NRAP 46(b). The clerk of this court shall return, unfiled, any future proper person document submitted to this court.] 03-14918
09/05/2003Other Incoming DocumentFiled Proper Person Document. Objection to Order Denying Motion for, Dismissal of Current Counsel, and, Appointment of New Counsel. 03-13464
09/18/2003Order/ProceduralFiled Order. Regarding Transcripts. On October 21, 2002, appellant filed a transcript request form requesting the production of a transcript by court reporter Shirlee Prawalsky for proceedings held on October 15, 2002. We note that the notice of appeal was filed September 5, 2002. Accordingly, this court cannot review the transcript requested by appellant. We conclude that Ms. Prawalsky is no longer obligated to file the transcript requested of her for proceedings held on October 15, 2002. 03-15590
10/15/2003Notice/OutgoingIssued Notice Scheduling Oral Argument. Oral Argument is scheduled for 30 minutes on December 9, 2003, at 10:30 a.m. (NNP04S-NB/MS/MG)
11/25/2003Notice/OutgoingIssued Oral Argument Reminder Notice.
12/09/2003Case Status Update Submitted for Decision. Before the Northern Nevada Panel. NNP04S-NB/MS/MG
02/02/2004Other Returned Unfiled Document. Original document entitled, "Motion Constitutional Violation of Speedy Trial Right."
02/11/2004Other Returned Unfiled Document. Original and two copies of four douments entitled, "Motion."
02/18/2004Order/DispositionalFiled Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." NNP04S-MS/NB/MG 04-03060
03/16/2004RemittiturIssued Remittitur. 04-03099
03/16/2004Case Status Update Remittitur Issued/Case Closed.
03/29/2004RemittiturFiled Remittitur. Received by County Clerk on March 18, 2004. 04-03099