CARLIN (KEVIN) VS. STATE

87754 | Nevada State, Supreme Court

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Filed Dec. 13, 2023
Case Type Criminal Appeal - Fast Track - Direct
Status Remittitur Issued/Case Closed
Last Updated: 3 weeks, 6 days ago
Filing Date # Docket Text
12/18/2024Remittitur
Filed Remittitur. Received by County Clerk on 12/9/24. (SC)
12/2/2024Case Status Update
Remittitur Issued/Case Closed.(SC)
12/2/2024Remittitur
Issued Remittitur. (SC)
12/2/2024Case Status Update
Transferred from Court of Appeals.(SC)
11/7/2024Order/Dispositional
Filed Order of Affirmance. "ORDER the judgment of conviction AFFIRMED." COA-MG/BB/DW (SC)
9/6/2024Case Status Update
Transferred to Court of Appeals
9/6/2024Notice/Outgoing
Issued Notice of Transfer Case to Court of Appeals. (SC)
8/14/2024Case Status Update
Fast Track Briefing Completed. (SC)
7/17/2024Fast Track Brief
Filed Respondent's Fast Track Response(SC)
6/25/2024Notice/Incoming
Filed Notice Regarding Supplemental Fast Track Statement.(No Supplemental Statement is Required(SC)
6/6/2024Order/Procedural
Filed Order Reinstating Briefing. Pursuant to a limited remand, this district court has appointed Theresa Ristenpart as counsel for appellant. The fast track statement and appendix have been filed. Accordingly, briefing is reinstated as follows. Ms. Ristenpart shall have 21 days from the date of this order to file and serve a supplemental fast track statement, if deemed warranted. If Ms. Ristenpart will not be filing a supplemental fast track statement, she shall so notify this court, in writing, within the same time period. Respondent shall have 21 days from service of the supplemental fast track statement or written notice that no supplemental fast track statement will be filed to file the fast track response. Thereafter, briefing shall proceed in accordance with NRAP 3C(e)(3).
5/28/2024Order/Incoming
Filed Notice of Selection of Counsel and Order file in district court on May 28, 2024 appointing Theresa Ristenpart as counsel for appellant. (SC)
5/24/2024Order/Procedural
Filed Order Regarding Limited Remand for Designation of Counsel. the district court shall have 14 days from the date of this order to appoint counsel for appellant. Within 7 days from the appointment of counsel, the district court clerk shall transmit to the clerk of this court a copy of the district court's written or minute order appointing appellate counsel. (SC)
4/29/2024Record on Appeal Documents
Filed District Court Documents. (Sealed)Presentence Investigation Report(SC)
4/15/2024Order/Procedural
Filed Order Regarding Motion to Seal, Directing Transmission of Presentence Investigation Report, Granting Motion to Withdraw, and Regarding Counsel. Appellant has filed a motion to file the presentence investigation report (PSI) under seal. This court construes the motion as requesting that this court direct the district court clerk to transmit a copy of the PSI in this matter (district court case number 23-CR-1607), and it is granted. The district court clerk shall have 14 days from the date of this order to transmit to the clerk of this court a copy of the PSI in a sealed envelope. The clerk of this court shall return the portion of appellant's appendix received on April 1, 2024, unfiled. Because appellant's counsel has fulfilled the obligations placed on trial counsel by Nevada Rule of Appellate Procedure 3C(b), counsel Christopher Day's motion to withdraw as counsel of record in this appeal is granted. The clerk shall remove Christopher Day as counsel of record for appellant. This appeal is remanded to the district court for the limited purpose of securing appellate counsel for appellant. If appellant is indigent, the district court shall have 30 days to appoint appellate counsel. Otherwise, the district court shall order that, within 30 days, appellant must retain appellate counsel and appellate counsel must enter an appearance in the district court. Upon the appointment or appearance of appellate counsel, the district court clerk shall immediately transmit to the clerk of this court a copy of the district court's written or minute order or counsel's notice of appearance. The briefing of this appeal shall be suspended pending further order of this court. (SC)
4/1/2024Motion
Filed Appellant's Motion for Order to Seal Appendix Volume 2 in Support of Appellant's Fast Track Statement(SC)
3/27/2024Appendix
Filed File Appendix to Appellant's Fast Track Statement Volume 1(SC)
3/25/2024Notice/Incoming
Filed Proof of Payment of Sanction(Silver State Law LLC)(Check #5990)(SC)
3/25/2024Motion
Filed Motion for Reconsideration to Withdraw Christopher R. Day, as Counsel (SC)
3/25/2024Notice/Outgoing
Issued Notice to File Appendix/Fast Track. Due date: 7 days.(SC)
3/22/2024Fast Track Brief
Filed Appellant's Fast Track Statement(SC)
3/22/2024Transcript Request
Filed Amended Request for Rough Draft Transcript(s). Transcripts requested: 09/25/2023 and 11/20/2023 Court Reporter: S. Loomis Filed in district court on: 03-22-2024(SC)
3/18/2024Order/Procedural
Filed Order Conditionally Imposing Sanctions. Mr. Day's failure to file a rough draft transcript request form or, alternatively, a certificate that preparation of transcripts is not requested and the fast track statement and appendix warrants the conditional imposition of sanctions. Within 7 days from the date of this order, Mr. Day shall pay the sum of $250 to the Supreme Court Law Library and provide this court with proof of such payment. The conditional sanction will be automatically vacated if Mr. Day files and serves a rough draft transcript request form or, alternatively, a certificate that preparation of transcripts is not requested and the fast track statement and appendix, or a motion to extend time that complies with NRAP 3C(i)(2)(B), within the same time period. If the required documents are not timely filed, the sanction will no longer be conditional and must be paid. B24-LS/KP/RP (SC)
2/28/2024Order/Procedural
Filed Order Directing the Filing of Documents. On January 26, 2024, this court entered an order that, among other things, directed appellant to file and serve, by February 2, 2024, a rough draft transcript request form or, alternatively, a certificate that preparation of transcripts is not requested. In addition, the order directed appellant to file and serve, by February 16, 2024, the fast track statement and any appendix. To date, appellant has failed to comply or otherwise communicate with this court. Accordingly, within 7 days of the date of this order, appellant shall file and serve these documents. (SC)
1/26/2024Order/Procedural
Filed Order Denying Motion to Withdraw as Counsel and Directing the Filing of Documents. . Appellant's counsel has filed a motion to withdraw as counsel, arguing that he was appointed to represent appellant in the district court only. Under NRAP 3C(b), it is trial counsel's responsibility to file the notice of appeal, rough draft transcript request form, and fast track statement. Further, a motion to withdraw as counsel "shall be considered only after trial counsel has filed the notice of appeal, rough draft transcript request and fast track statement." Accordingly, the motion to withdraw is denied at this time. Within 7 days of the date of this order, appellant shall file and serve a rough draft transcript request form or, alternatively, a certificate that preparation of transcripts is not requested. Within 21 days of the date of this order, appellant shall file and serve the fast track statement and any appendix. (SC)
12/28/2023Notice/Outgoing
Issued Notice to Request Rough Draft Transcripts. Due date: 7 days. (SC)
12/28/2023Motion
Filed Appellant's Motion to Withdraw as Counsel. (SC)
12/13/2023Notice of Appeal Documents
Filed Notice of Appeal/Fast Track. Appeal docketed in the Supreme Court this day. (Docketing statement and Briefing Schedule mailed to counsel for appellant.). (SC)
12/13/2023Filing Fee
Appeal Filing Fee Waived. Criminal. (SC)