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Case Information
Filed
2024-10-01
Status
Fast Track Briefing in Progress
Type
Criminal Appeal Fast Track Direct
Docket
27 entries
Docket Entries
- Appeal Filing Fee Waived. Criminal. (SC)
- Filed Notice of Appeal/Fast Track. Filed certified copy of notice of appeal. (SC)
- Issued Notice to File Case Appeal Statement/Criminal. Due date: 7 days. (SC)
- Issued Notice of Mandatory Electronic Filing. All attorneys are required to file electronically. To: Byron A. Bergeron. (SC)
- Issued Notice Appeal Docketed 3C. Rough draft transcript request due: 14 days; Docketing statement due: 21 days; Fast track opening brief due: 40 days. (SC)
- Issued Notice to File Case Appeal Statement/Criminal. Due date: 7 days. (SC)
- Filed Yazid Ayyad's Motion to Remove Attorney and Appoint Public Defender. (SC)
- Filed Order Denying Motion and Directing Filing of Documents. Appellant has filed a motion to remove his counsel of record and appoint a public defender to represent him going forward. Appellant indicates that his counsel, Byron Bergeron, refuses to submit documents necessary to formally withdraw as counsel but also refuses to continue representation. The motion to remove counsel is denied. Bergeron may not withdraw as counsel in this appeal until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b)(2). See NRAP 3C(b)(3). Bergeron shall have 7 days from the date of this order to file and serve the case appeal statement, docketing statement, and rough draft transcript request form. Failure to timely comply with this order may result in the imposition of sanctions against Bergeron. The fast track opening brief remains due to be filed by November 12, 2024. (SC)
- Filed Filed Appellant's Case Appeal Statement (STRICKEN PER 11/4/24 ORDER). (SC)
- Filed Appellant's Request for Rough Draft Transcript (STRICKEN PER 11/4/24 ORDER). (SC)
- Filed Appellant's Docketing Statement (STRICKEN PER 11/4/24 ORDER). (SC)
- Filed Appellant's Motion to Withdraw Byron Bergeron, as Counsel for Appellant(SC)
- Filed Order Striking Deficient Document. Order Striking Deficient Case Appeal Statement, Request for Rough Draft Transcript and the Docketing Statement. Corrected documents due:14 days. (SC)
- Filed District Court Docket Entries(SC)
- Filed Order Denying Motion to Withdraw and Directing Filing Documents. This appeal is subject to the provisions of NRAP 3C. Counsel for appellant, Byron Bergeron, has filed a motion to withdraw as counsel. As explained in this court's October 28, 2024, order, the purpose of NRAP 3C is to provide for expedited resolution of certain criminal appeals. One of the key components of the rule is to require the attorney who represented appellant in the proceedings below to represent appellant in this court. The reason for this requirement is that previous counsel is most familiar with the case and can prepare the fast track opening brief most expeditiously. To allow Bergeron to withdraw at this point and require another attorney to familiarize himself or herself with the case would defeat the purpose of the rule. The motion to withdraw is denied. Bergeron may not withdraw as counsel in this appeal until he has fulfilled the obligations placed on trial counsel by NRAP 3C(b)(2). Bergeron shall have 7 days from the date of this order to file and serve the case appeal statement, docketing statement, and rough draft transcript request form. Bergeron shall have 21 days from the date of this order to file and serve the fast track opening brief and appendix. (SC)
- Filed Appellant's Docketing Statement(Deficient Document)(STRICKEN PER ORDER FILED ON 12/2/24) (SC)
- Filed Order Striking Deficient Document. Order Striking Deficient Docketing Statement. Corrected Docketing Statement remains due: December 2, 2024. (SC)
- Filed Appellant's Motion to Extend Time to File Request for Rough Draft Transcripts. (STRICKEN PER ORDER FILED ON 12/5/24) (SC)
- Filed Order Striking Deficient Document. Order Striking Deficient Motion for an Extension of Time. Corrected Motion due: 7 days from the date of this order. (SC)
- Filed Proper Person Motion for Appointment of Counsel (STRICKEN PER ORDER FILED ON 12/11/24) (SC)
- Filed Order Striking Deficient Document. Order Striking Deficient Motion for Appointment of Counsel. Corrected Motion due: 7 days from the date of this order. (SC)
- Filed Appellant's Request for Extension to file Request for Rough Draft Transcripts(SC)
- Filed Appellant's Docketing Statement Criminal. (REJECTED PER NOTICE FILED ON 12/12/2024). (SC)
- Issued Notice of Rejection of Filed Docketing Statement. (SC)
- Filed Appellant' s Motion to Extension to File Fast Track Opening Brief (SC)
- Filed Appellant' s Motion for Extension to File Criminal Docketing Statement (SC)
- Filed Proper Person Yazid Ayyad Motion to Appoint Alternative Counsel (SC)
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