| Case Information: 37937 | |||
| Short Caption: | SEKA (JOHN) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 37907 , 44690 , 45096 , 80925 | ||
| Lower Court Case(s): | Clark Co. - Eighth Judicial District - C159915 | Classification: | Criminal Appeal - Life - Post-Conviction/Proper Person |
| 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 | ||||
| Date | Type | Description | Pending? | Document |
| 05/29/2001 | Filing Fee | Filing Fee Waived. | ||
| 05/29/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal/Proper Person. Appeal docketed in the Supreme Court this day. | 01-08860 | |
| 09/17/2001 | Order/Procedural | Filed Order/Show Cause. Docket No. 37907 is an appeal from a judgment of conviction. Docket No. 37937 is a proper person appeal from a decision of the district court denying appellant's proper person petition for a writ of habeas corpus. Our review of the appeal in Docket No. 37937 reveals a potential jurisdictional defect. Attorney Christiansen shall have 20 days from the date of this order to show cause: (1) why the proper person appeal in Docket No.37937 should not be dismissed for lack of jurisdiction; and (2) why any assignments of error arising out of the district court's interlocutory denial of the proper person petition for a writ of habeas corpus cannot be presented and resolved in the context of the district appeal from the judgment of conviction. Nos. 37907/37937-these cases are not consolidated. | 01-15660 | |
| 10/10/2001 | Motion | Filed Response to Order to Show Cause. Nos. 37907/37937. | 01-17051 | |
| 11/20/2001 | Order/Dispositional | Filed Order Dismissing Appeal. A written judgment of conviction was filed in the district court on May 9, 2001, and a timely appeal from the written judgment of conviction was filed and docketed in this court in Docket No. 37907. On May 24, 2001, appellant filed a proper person notice of appeal from district court's decision of May 1, 2001, denying his proper person habeas corpus petition. The proper person appeal from that decision is docketed in this court as Docket No. 37937. On September 17, 2001, this court ordered Mr. Christiansen to show cause why the proper person appeal in Docket No. 37937 should not be dismissed for lack of jurisdiction. fn3[Although the response and attached authorization submitted by Mr. Christiansen and appellant are not entirely clear because these documents speak of withdrawing the petition rather than dismissing the appeal, it appears from this court's review of the documents before it that Mr. Christiansen and appellant are in agreement that the appeal in Docket No. 37937 should not proceed further.] On October 10, 2001, Mr. Christiansen filed a response and has offered no explanation for why the appeal in Docket No. 37937 should not be dismissed for lack of jurisdiction. ' . . . we dismiss the appeal in Docket No. 37937.' We reinstate the briefing schedule in Docket No. 37907. Appellant shall file and serve the opening brief on or before December 3, 2001. Thereafter, briefing shall proceed in accordance with the schedule set forth in NRAP 31. SNP02-CY/DA/ML. Nos. 37907/37937-cases are not consolidated. | 01-19478 | |
| 12/18/2001 | Remittitur | Issued Remittitur. | 01-19527 | |
| 12/18/2001 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/18/2002 | Remittitur | Filed Remittitur. Received by County Clerk on December 21, 2001. | 01-19527 | |