| Case Information: 38787 | |||
| Short Caption: | CARTER (SHANNON) VS. STATE | Court: | Supreme Court |
| Related Case(s): | 45349 , 71658 , 71658-COA | ||
| Lower Court Case(s): | Washoe Co. - Second Judicial District - CR010790 | Classification: | Criminal Appeal - Life - 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 | ||||
| Date | Type | Description | Pending? | Document |
| 11/15/2001 | Filing Fee | Filing Fee Waived. | ||
| 11/15/2001 | Notice of Appeal Documents | Filed Certified Copy of Notice of Appeal. Appeal docketed in the Supreme Court this day. (Docketing statement mailed to counsel for appellant.) | 01-19057 | |
| 12/31/2001 | Order/Procedural | Filed Order. To date, appellant has failed to file the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. Appellant shall, within 10 days from the date of this order, file and serve the required documents or show cause why sanction should not be imposed. | 01-21894 | |
| 03/01/2002 | Order/Counsel | Filed Order/Sanctions. Because appellant had not filed the docketing statement and either a transcript request form or a certificate indicating no transcripts are being requested, on December 31, 2001, we entered an order directing appellant to file and serve the docketing statement and either a transcript request form or a certificate of that no transcripts are being requested within 10 days of the date of that order or show cause why sanctions should not be imposed. To date, appellant has failed to file the required documents or otherwise to communicate with this court. Accordingly, we conclude that the imposition of sanctions is warranted. Attorney Paul C. Giese shall personally pay the sum of $500.00 to the Supreme Court Law Library and file proof of such payment with this court within 15 days from the date of this order. Within the same time period, attorney Giese shall file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are being requested. (Docketing statement mailed to counsel for appellant). | 02-03822 | |
| 05/23/2002 | Fast Track Brief | Filed Fast Track Statement. STRICKEN BY ORDER 06/28/02. | 02-09152 | |
| 05/23/2002 | Appendix | Filed Joint Appendix. | 02-09153 | |
| 05/24/2002 | Motion | Filed Motion. Petition for Relief from Sanctions. Nos. 38786, 38787, 38788. | 02-09211 | |
| 05/29/2002 | Notice/Incoming | Filed Proof of Service. (Petition for Relief from Sanctions) Nos. 38786/38787/38788. | 02-09358 | |
| 06/03/2002 | Fast Track Brief | Filed Fast Track Response. STRICKEN BY ORDER 06/28/02. | 02-09628 | |
| 06/28/2002 | Order/Procedural | Filed Order Granting Motion. Because appellant still had not filed the required documents, on March 1, 2002, we entered another order directing appellant to comply with NRAP 9(a) and NRAP 14(b). In addition, because appellant had repeatedly failed to file the required documents or otherwise communicate with this court, we imposed sanctions of $500.00 against appellant's counsel, Mr. Paul C. Giese. To date, Mr. Giese has failed to pay the sanctions. Further, the required documents have yet to be filed. On May 23, 2002, appellant filed a fast track statement and joint appendix. We note that this appeal is not a fast track appeal. We direct the clerk of this court to strike the fast track statement filed on May 23, 2002, and the fast track response filed on June 3, 2002. Appellant shall file and serve the opening brief and, if deemed necessary, a supplemental appendix within 20 days from the date of this order. Respondent shall have 30 days from service of the opening brief to file and serve the answering brief. In addition, appellant shall file and serve the docketing statement and either a transcript request form or a certificate indicating that no transcripts are requested within 10 days from the date of this order. On May 24, 2002, Mr. Giese filed a motion seeking relief from the sanctions previously imposed by this court. We have reconsidered the monetary sanctions imposed in this case in light of subsequent indications by Mr. Giese that it may pose a financial hardship. Under the circumstances, we have concluded the monetary sanctions should be vacated. Accordingly, we vacate that portion of our March 1, 2002, order, imposing monetary sanctions of $500 against Mr. Giese. We admonish Mr. Giese, however, that the court expects him to conduct this and all appeals in accordance with this court's rules, and to respond promptly and thoroughly to orders issued by this court. (Docketing statement mailed to counsel for appellant.) | 02-11185 | |
| 07/11/2002 | Docketing Statement | Filed Docketing Statement. | 02-11907 | |
| 07/11/2002 | Transcript Request | Filed Certificate of No Transcript Request. | 02-11908 | |
| 07/15/2002 | Brief | Filed Opening Brief. Reno-Carson Messenger Service - 07/15/02 | 02-12094 | |
| 07/15/2002 | Appendix | Filed Joint Appendix. | 02-12096 | |
| 07/15/2002 | Notice/Incoming | Filed Notice. (attorney Paul Giese). | 02-12097 | |
| 07/30/2002 | Brief | Filed Answering Brief. Mailed on: 07/29/02. | 02-13063 | |
| 09/13/2002 | Case Status Update | Briefing Completed. No reply brief filed. | ||
| 10/10/2002 | Notice/Outgoing | Issued Letter. to Washoe County Clerk regarding transmission of the Corrected Judgement filed on October 8, 2002. | ||
| 10/16/2002 | Order/Incoming | Filed District Court Order. Certified copy of order filed in district court on October 8, 2002 (Corrected Judgment). | 02-17979 | |
| 12/04/2002 | Order/Procedural | Filed Order Denying Motion. Because it appears Mr. Giese accepted the district court appointment to represent appellant on appeal with knowledge that appellant received a life sentence, we conclude that the purported cause Mr. Giese provided this court for the motion to withdraw is inadequate. Accordingly, we deny the motion to withdraw. | 02-20716 | |
| 12/19/2002 | Order/Dispositional | Filed Order of Affirmance. "ORDER the judgment of the district court AFFIRMED." SNP03-MS/ML/NB | 02-21699 | |
| 01/14/2003 | Remittitur | Issued Remittitur. | 03-00452 | |
| 01/14/2003 | Case Status Update | Remittitur Issued/Case Closed. | ||
| 01/24/2003 | Remittitur | Filed Remittitur. Received by County Clerk on Janaury 17, 2003. | 03-00452 | |