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United States Court Cases

Nevada Supreme/Appellate Court Record

CISNEROS (CUELLAR) VS. STATE C/W 34017

Case Information: 33896
Short Caption:CISNEROS (CUELLAR) VS. STATE C/W 34017Court:Supreme Court
Consolidated:33896*, 34017 Related Case(s): 34017 , 34394
Lower Court Case(s):Clark Co. - Eighth Judicial District - C131491Classification:Criminal Appeal - Life - Post-Conviction
Disqualifications:Case Status:Remittitur Issued/Case Closed
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:Oral Argument Location:
Submission Date:07/19/1999How Submitted:On Record

+ Party Information

Docket Entries
DateTypeDescriptionPending?Document
03/16/1999Filing Fee Filing Fee Waived.
03/16/1999Notice of Appeal DocumentsFiled Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. 99-01912
03/30/1999Order/ProceduralFiled Order/Transmit Record and Directing Response. Record due: 120 days. [fn1]--The record shall not include any exhibits filed in the district court. 99-02317
07/19/1999Record on Appeal DocumentsFiled Record on Appeal Copy. Vols. 1 through 4. 99-06442
07/19/1999Case Status Update Submitted for Decision.
07/30/1999Order/ProceduralFiled Order. Order of Consolidatation and Remand for Designation of Counsel. We elect to consolidate these appeals for briefing and disposition. Within 30 days the district court shall appoint counsel for appellant if indigent, otherwise appellant must retain counsel and counsel must enter an appearance in the district court. Within 5 days from the appointment or appearance of counsel, the district court clerk shall: (1) transmit to 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 enter an appearance with this court. All filing deadlines shall commence to run from the date on which counsel enters an appearance in this court. The parties shall file single briefs addressing both appeals. A record on appeal has already been filed in Docket No. 33896. Therefore, a joint appendix is not required. The parties may move to supplement the record on appeal. Nos. 33896, 34017. 99-06967
09/16/1999Notice/IncomingFiled Notice. Certified copy of minutes appointing Joan Buckley as counsel for appellant (nos. 33896 & 34017). 99-08754
10/01/1999Notice/IncomingFiled Notice of Appearance. Representing appellant: Joan D. Buckley. (Docketing Statement mailed to counsel for appellant.) Nos. 33896, 34017. 99-09457
11/17/1999Order/ProceduralFiled Order. Appellant shall, within 10 days of the date of this order, file and serve the docketing statement and either a transcript request form or certificate of no transcript request. (Docketing statement mailed to counsel for appellant). Nos. 33896, 34017. 99-11376
01/10/2000Order/ProceduralFiled Order. Appellant's counsel has failed to comply with our order of November 17, 1999. Appellant shall, within 10 days of the date of this order, file and serve the required documents or show cause why sanctions should not be imposed against counsel for appellant. Nos. 33896, 34017. 00-00339
03/16/2000Order/CounselFiled Order/Sanctions. To date, appellant's counsel has failed to comply with the November 17, 1999, and January 10, 2000, orders. Attorney Buckley shall personally pay the sum of $200 to the Supreme Court Law Library and provide this court with proof of such payment within 20 days of the date of this order. Failure to comply with this order may result in additional sanctions, including, but not limited to, referral of this matter to the State Bar of Nevada for further investigation. Appellant shall file and serve within 10 days the docketing statement and either a transcript request form or certificate of no transcript. (Docketing statement mailed to counsel for appellant). Nos. 33896, 34017. 00-04159
03/30/2000MotionFiled Motion. Motion to Withdraw and Motion for Waiver of Sanctions. Nos. 33896, 34017. 00-05126
03/30/2000Transcript RequestFiled Request for Transcript of Proceedings. Transcripts requested: 2/23/99, 6/8/99. To Court Reporter: James Helleso. Nos. 33896, 34017. 00-05127
03/30/2000Docketing StatementFiled Docketing Statement. Nos. 33896, 34017. 00-05129
04/19/2000TranscriptFiled Transcript. Proceedings: February 23, 1999, June 8, 1999. Court Reporter: James Helleso. (Filed in no. 33896) Nos. 33896, 34017. 00-06253
05/17/2000Order/CounselFiled Order/Remand for Designation of Counsel. On March 30, 2000, appellant's counsel, Joan D. Buckley, filed a motion to withdraw as appellant's counsel of record and to waive sanctions imposed against her by this court's order of March 16, 2000. We grant the motion. We vacate that portion of our order of March 16, 2000, imposing sanctions in the sum of $200 on attorney Buckley. Counsel shall have 10 days from the date of this order to serve a copy of this order on appellant and proof of such service with this court. We remand this appeal to the district court for a determination of whether appellant is indigent and the pssible appointment of new counsel. If appellant is indigent, district court shall have 20 days to appoint counsel. If the district court determines that appellant is not indigent, appellant shall have 30 days from the date of the determination he is not indigent to secure counsel and have counsel enter an appearance with this court. Counsel: 10 days to enter appearance from appointment or retention. . New counsel shall have 60 days from the date of appearance in this court to file and serve the opening brief and appendix. Thereafter, briefing shall proceed in accordance with NRAP 31(a)(1). Nos. 33896, 34017. 00-08233
06/26/2000Notice/IncomingFiled Notice of Appearance. Representing appellant: Connolly & Fujii. (Docketing Statement mailed to counsel for appellant - nos. 33896/34017). 00-10925
07/03/2000Notice/IncomingFiled Notice. Notice of Appointment of Counsel from the District Court. Minute Order and the Supreme Court Order placed in Karen A. Connolly attorney's bin (nos. 34017/33896). 00-11356
07/03/2000MotionFiled Motion to Extend Time. (nos. 33896/34017). 00-11357
07/10/2000Order/Clerk'sFiled Clerk's Order. The motion filed July 3, 2000, is granted. Appellant's docketing statement shall be served and filed on or before August 10, 2000. Nos. 33896, 34017. 00-11657
07/17/2000Letter/IncomingFiled Letter. from attorney Karen A. Connolly requesting copy of entire record on appeal from this office. Nos. 33896, 34017. 00-12362
08/09/2000Notice/OutgoingIssued Letter. to attorney Karen A. Connolly regarding letter received on 7/17/00 requesting the entire Record on Appeal. Nos. 33896 and 34017.
08/14/2000MotionFiled Motion to Extend Time. Nos. 33896/34017 00-14165
08/24/2000MotionFiled Motion to Extend Time. Nos. 33896/34017 00-14922
08/28/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including September 15, 2000, to file the docketing statement. Nos. 33896, 34017. 00-15062
08/31/2000Order/ProceduralFiled Order Granting Motion. Appellant shall have to and including November 27, 2000, to file and serve the opening brief and appendix for these consolidated appeals. No further extensions of time shall be permitted in the absence of extreme and unforeseeable circumstances. The court is uncertain as to what appellant's counsel means when she states that she is "trying to obtain a copy of the Record on Appeal from the District Court." Appellant's counsel should have all the documents necessary to proceed with briefing. If any documents are missing, counsel should request them from either the district court or former appellate counsel. Nos. 33896, 34017. 00-15341
09/18/2000Docketing StatementFiled Docketing Statement. Nos. 33896 & 34017. 00-16404
12/01/2000BriefFiled Opening Brief. Mailed on: 11/27/00. Nos. 33896 & 34017. 00-21010
12/01/2000AppendixFiled Appendix to Opening Brief. Nos. 33896 & 34017. 00-21011
01/03/2001BriefFiled Answering Brief. Mailed on: Express-No postmark. Nos. 33896 & 34017. 01-00113
02/07/2001BriefFiled Reply Brief. Mailed on: 2/5/01. Nos. 33896 & 34017. 01-02498
11/16/2001Order/DispositionalFiled Order of Remand. Order Vacating Judgment, in Part, and Remanding and Order of Reversal. We previously consolidated these appeals for disposition. fn1[Pursuant to NRAP 34(f)(1), we conclude that oral argument is not warranted in Docket No. 34017.] "ORDER the judgment of the district court in Docket No. 33896 REVERSED AND REMANDED to the district court for proceedings consistent with this order." NNP02-MS/RR/NB. Nos. 33896/34017. 01-19183
12/13/2001RemittiturIssued Remittitur. 01-19528
12/13/2001Case Status Update Remittitur Issued/Case Closed.
01/18/2002RemittiturFiled Remittitur. Received by County Clerk on December 17, 2001. 01-19528