Opinion
3:10-cv-00330-RCJ-VPC.
November 29, 2010
ORDER
This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a Nevada state prisoner.
Petitioner has filed a motion to proceed in forma pauperis. (Docket #1). Based on the information regarding petitioner's financial status, the Court finds that the motion to proceed in forma pauperis should be granted.
The Court has reviewed the petition. The petition shall now be filed and served on respondents. A petition for federal habeas corpus should include all claims for relief of which petitioner is aware. If petitioner fails to include such a claim in his petition, he may be forever barred from seeking federal habeas relief upon that claim. See 28 U.S.C. § 2254(b) (successive petitions).
IT IS THEREFORE ORDERED that the application to proceed in forma pauperis (Docket #1) is GRANTED. The Clerk SHALL FILE the petition for a writ of habeas corpus. IT IS THEREFORE ORDERED that the Clerk shall ELECTRONICALLY SERVE the petition upon the respondents.
IT IS FURTHER ORDERED that respondents shall have forty-five (45) days from entry of this order within which to answer, or otherwise respond to, the petition. In their answer or other response, respondents shall address all claims presented in the petition. Respondents shall raise all potential affirmative defenses in the initial responsive pleading, including lack of exhaustion and procedural default. Successive motions to dismiss will not be entertained. If an answer is filed, respondents shall comply with the requirements of Rule 5 of the Rules Governing Proceedings in the United States District Courts under 28 U.S.C. § 2254. If an answer is filed, petitioner shall have forty-five (45) days from the date of service of the answer to file a reply.
IT IS FURTHER ORDERED that, henceforth, petitioner shall serve upon the Attorney General of the State of Nevada a copy of every pleading, motion, or other document he submits for consideration by the Court. Petitioner shall include with the original paper submitted for filing a certificate stating the date that a true and correct copy of the document was mailed to the Attorney General. The Court may disregard any paper that does not include a certificate of service. After respondents appear in this action, petitioner shall make such service upon the particular Deputy Attorney General assigned to the case.
DATED this 29th day of November, 2010.
Exhibit
IN THE SUPREME COURT OF THE STATE OF NEVADA SCOTTIE RAY VAN NORT, No. 54613 Appellant, vs. CARSON CITY, Respondent.ORDER DISMISSING APPEAL
This is a proper person appeal from an order of the district court denying an appeal from a municipal court order. First Judicial District Court, Carson City; James Todd Russell, Judge.Having reviewed the documents before this court, we conclude that the district court did not err in construing the "petition for post conviction relief (motion to withdraw plea and continue to trial)" as an appeal from the municipal court's order denying appellant's motion to withdraw a guilty plea he entered in municipal court. Because the district court has final appellate jurisdiction over a case arising in the municipal court, we lack jurisdiction to consider this appeal. Nev. Const. art. 6, § 6;Tripp v. The City of Sparks, 92 Nev. 362, 363, 550 P.2d 419, 419 (1976). Accordingly, we
ORDER this appeal DISMISSED.
_____________________________, J. Hardesty _____________________, J. ______________________, J. Douglas PickeringORDER DENYING MOTIONS
This is a proper person appeal from an order of the district court denying a petition for post-conviction relief. On October 15, 2009, this court received a proper person motion for the appointment of counsel. On October 23, 2009, the State filed a motion for enlargement of time to file a response to the motion for the appointment of counsel.This appeal is proceeding as a proper person appeal. This court denies the request for counsel. This court further denies the motion for enlargement of time to file a response as moot.
It is so ORDERED. ORDER DENYING PETITION FOR POST-CONVICTION RELIEF (MOTION TO WITHDRAW PLEA + CONTINUE TO TRIAL)
IN THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA IN AND FOR CARSON CITY SCOTTIE RAY VAN NORT, Petitioner, v. CARSON CITY, Respondent. This matter comes before this Court as an Appeal of the Carson City Municipal Court's denial of a Motion to Withdraw Plea and Continue to Trial in Municipal Court Case No. 08 Cr 2050 1C. The Municipal Court denied the Motion to Withdraw Plea sua sponte on December 9, 2008. The pleading is captioned as a "Petition For Post-Conviction Relief (Motion To Withdraw Plea + Continue To Trial)." However, Scottie Ray Van Nort, appeals the Trial Court's decision denying a post sentence motion to withdraw a plea.At a pretrial hearing held in the Carson City Municipal Court on November 4, 2008, Van Nort entered a guilty plea to a Battery charge pursuant to plea negotiations. Because Van Nort plead guilty to the Battery, he also admitted that he violated a suspended sentence condition in case number 08 CR 01371 1C requiring him to obey all laws. The Trial Court upon accepting a guilty plea, revoked 30 days that remained suspended in the earlier case and sentenced Van Nort on the Battery. The Trial Court imposed among other conditions formal probation and a 180 day suspended sentence.
On November 26, 2008, Van Nort filed a "Motion to Withdraw plea and Continue to trial," ("Motion to Withdraw Plea"), in Carson City Municipal Court. The Trial Court Judge denied Van Nort's Motion sua sponte on December 9, 2008. Van Nort then filed this Appeal on January 28, 2009 some 49 days after the Trial Court denied the Motion to Withdraw Plea. This Court then on January 30, 2009 entered an Order requiring the City to brief the matter and otherwise respond to the Appeal.
After the City was granted extensions of time to respond to the Appeal, the City filed its Answering Brief on April 7, 2009. Van Nort then filed a Reply brief on May 22, 2009 and the Appeal was submitted to the Court for decision on May 22, 2009.
Van Nort entered his guilty plea on the Battery charge on November 4, 2008. He was represented by Public Defender Paul Geise at that time. The record of the Trial Court's canvas evidences that Van Nort understood that he was charged with a battery, and he understood his right to a trial. Van Nort informed the Trial Court he understood that by pleading guilty the remaining suspended time in Case No. 08 CR 01371 1C would be revoked. Van Nort also acknowledged that he had not been coerced or threatened in order to obtain a guilty plea, and that he was admitting to the charge because it happened.
The issue of withdrawing a plea after the imposition of sentence is addressed by NRS 176.165. NRS 176.165 provides:
Except as otherwise provided in this section, a motion to withdraw a plea of guilty or nolo contendere may be made only before sentence is imposed or imposition of sentence is suspended. To correct manitest injustice, the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.
"A plea of guilty is presumptively valid, and that the burden is upon appellant to show denial of appellant's motion to withdraw a plea constituted a clear abuse of discretion." Wynn v. State, 96 Nev. 673, 675 (1980); and see, Lee v. State, 115 Nev. 207, 211 (1999). A trial court may therefore only grant the motion to withdraw plea "to correct manifest injustice." Appellant failed to evidence manifest injustice that would provide the Trial Court with the discretion to grant a motion withdrawing a plea.
There was no abuse of discretion on the Trial Court's part. A review of the record supports the Trial Court's decision denying Van Nort's Motion to withdraw his plea. The record evidences that Van Nort's plea and waiver of trial was made knowingly and voluntarily with the assistance of counsel. Van Nort has the burden of proving that the plea was not entered knowingly or voluntarily. See Wynn, 96 Nev. 676; Housewright v. Powell, 101 Nev. 736, 739 (1985). Moreover, the standard for showing the validity of a misdemeanor guilty plea is less stringent than in felony cases. Koenig v. State, 99 Nev. 780, 788-89 (1983).
Finally, the Court finds that Van Nort's Appeal was not timely or properly filed. NRS 189.010 and NRS 189.020. Van Nort filed his appeal some forty-nine days after the Trial Court denied his Motion to Withdraw his Plea. No notice of intent to appeal was served upon the district attorney.
Therefore, good cause appearing,
IT IS HEREBY ORDERED that the Appellant's Petition For Post-Conviction Relief (Motion to Withdraw Plea + Continue To Trial is DENIED.
DATED this 22nd day of June, 2009.
_______________________________ JAMES T. RUSSELL DISTRICT COURT JUDGE Exhibit 08 CR 02050 1C STATE OF NEVADA VS VANNORT, SCOTTIE RAY Search Criteria Docket Entry Begin Date SortDescending Images All Dockets End Date Participant Display OptionExclude Non Display Dockets Search Results Amt Owed/ Docket Referenc Description Amt Amount Due Date e Dism/Credit 12/9/2008 MOTIONS DENIED PER JUDGE WILLIS (MR. GIESE IS A VERY COMPETENT ATTORNEY AND MR. VANNORT MADE HIS PLEA VOLUNTARILY OF HIS OWN FREE WILL). PER JUDGE WILLIS ANY OTHER MOTIONS TO BE FILED IN DISTRICT COURT 11/26/2008 MOTION FILED FOR ORDER 11/26/2008 MOTION FILED TO WITHDRAW PLEA AND CONTINUE TO TRIAL 11/17/2008 JUDGMENT OF CONVICTION VIEWABLE FORM 1CJ Sent on: 11/17/2008 10:10:47 11/17/2008 DEFENDANT WAIVED RIGHT TO AN ATTORNEY 11/17/2008 IN-COURT MINUTES Charges: Party Name: VANNORT, SCOTTIE RAY — DEFENDANT Charge Number: 1 Action Code: BATTERY Charge Dscr: Ticket Number: 08-7532 Degree of Offense: MISDEMEANOR Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Plea Code: GUILTY Plea Date: 11/04/2008 Decision Code: Decision Date: Termination Code: GLTY PLEA W/SENT B4 TRIAL Termination Date: 11/04/2008 Dispositions: Code: GUILTY Date: 11/04/2008 Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Days in Jail: Jail Start Date: Jail End Date: House Arrest Days: Ins Proof: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Driving School: Clearance Date: DUI School: Revocation Date: Restriction Text: 180 DAYS IN JAIL SUSPENDED FOR 1 YEAR Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Modification Date: Narrative Code: License Flag: Probation: Type: Days: Start Date: End Date: Party Name: VANNORT, SCOTTIE RAY — DEFENDANT Charge Number: 3 Action Code: ARREST OF MISDEMEANOR PROBATIONER FOR VIOLATION OF CONDITION OF PROBATION OR RESIDENTIAL CONFINEMENT Charge Dscr: Ticket Number: Degree of Offense: MISDEMEANOR Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Plea Code: ADMIT Plea Date: 11/17/2008 Decision Code: Decision Date: Termination Code: Termination Date: Dispositions: Code: SUSPENDED SENTENCE REVOKED Date: 11/17/2008 Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Days in Jail: Jail Start Date: Jail End Date: House Arrest Days: Ins Proof: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Driving School: Clearance Date: DUI School: Revocation Date: Restriction Text: 180 DAYS REVOKED, — 4 DAYS CREDIT, = 176 DAYS TO SERVE, CASE CLOSED Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Modification Date: Narrative Code: License Flag: Probation: Type: Days: Start Date: End Date: The following event: ARR HRG — IN CUSTODY scheduled for 11/17/2008 at 9:00 am has been resulted as follows: Result: ARRAIGNMENT HEARING HELD Arrest Bond: Action Code: ARREST OF MISDEMEANOR PROBATIONER FOR VIOLATION OF CONDITION OF PROBATION OR RESIDENTIAL CONFINEMENT Arrest Date: 11/13/2008 Custody Location: CARSON CITY JAIL Bond Status: ONCE JAIL SENTENCE IS SERVED, RELEASE FROM CUSTODY Status Date: 11/17/2008 Blanket Bond: No Okay to Apply: No Special Conditions: Condition: 1C FORMAL PROBATION Agency: Required Amt: Units: Due Date: 11/04/2009 Completed Date: 11/17/2008 Note: Case Disposition: Disposition Code: CLOSED Disposition Date: 11/17/2008 Case Status: CLOSED Case Status Date: 10/13/2008 11/17/2008 CASE CLOSED 11/17/2008 ARRAIGNMENT HEARING HELD The following event: ARR HRG — IN CUSTODY scheduled for 11/17/2008 at 9:00 am has been resulted as follows: Result: ARRAIGNMENT HEARING HELD Judge: WILLIS, ROBEY B Location: DEPT. I 11/17/2008 FORMAL PROBATION REVOKED: CASE CLOSED 11/14/2008 IN CUSTODY ARRAIGNMENT HEARING SCHEDULED Event: ARR HRG — IN CUSTODY Date: 11/17/2008 Time: 9:00 am Judge: WILLIS, ROBEY B Location: DEPT. I Result: ARRAIGNMENT HEARING HELD 11/14/2008 CONTINUED The following event: ARR HRG — IN CUSTODY scheduled for 11/14/2008 at 9:00 am has been resulted as follows: Result: CONTINUED Judge: WILLIS, ROBEY B Location: DEPT. I 11/14/2008 PROBATION VIOLATION: WEAPONS 11/14/2008 PROBATION VIOLATION: VIOLENCE 11/14/2008 IN CUSTODY ARRAIGNMENT HEARING SCHEDULED Event: ARR HRG — IN CUSTODY Date: 11/14/2008 Time: 9:00 am Judge: WILLIS, ROBEY B Location: DEPT. I Result: CONTINUED 11/14/2008 ARREST BOND INFORMATION Arrest Bond Added to Case with: Action Code: ARREST OF MISDEMEANOR PROBATIONER FOR VIOLATION OF CONDITION OF PROBATION OR RESIDENTIAL CONFINEMENT Arrest Date: 11/13/2008 Custody Location: CARSON CITY JAIL Bond Status: BAIL SET BY JUDGE Status Date: 11/14/2008 Blanket Bond: No Okay to Apply: No Bond Type: CASH Bond Amount: 3000 11/14/2008 PROBATION VIOLATION ARREST 11/14/2008 DAS REPORT VIOLATION REPORT — DAS Sent on: 11/14/2008 07:35:01 11/5/2008 PROBATION ORIENTATION SUCCESSFULLY COMPLETED. ALL TERMS AND CONDITIONS EXPLAINED TO PROBATIONER. 11/4/2008 JUDGMENT OF CONVICTION VIEWABLE FORM 1CJ Sent on: 11/04/2008 14:57:05 11/4/2008 IN-COURT MINUTES Charges: Party Name: VANNORT, SCOTTIE RAY — DEFENDANT Charge Number: 1 Action Code: BATTERY Charge Dscr: Ticket Number: 08-7532 Degree of Offense: MISDEMEANOR Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Plea Code: GUILTY Plea Date: 11/04/2008 Decision Code: Decision Date: Termination Code: GLTY PLEA W/SENT B4 TRIAL Termination Date: 11/04/2008 Dispositions: Code: GUILTY Date: 11/04/2008 Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Days in Jail: Jail Start Date: Jail End Date: House Arrest Days: Ins Proof: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Driving School: Clearance Date: DUI School: Revocation Date: Restriction Text: 180 DAYS IN JAIL SUSPENDED FOR 1 YEAR Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Modification Date: Narrative Code: License Flag: Probation: Type: Days: Start Date: End Date: Party Name: VANNORT, SCOTTIE RAY — DEFENDANT Charge Number: 2 Action Code: USE OR POSSESS DRUG PARAPHERNALIA Charge Dscr: Ticket Number: 08-7532 Degree of Offense: MISDEMEANOR Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Plea Code: Plea Date: Decision Code: Decision Date: Termination Code: DISM BEFORE TRIAL Termination Date: 11/04/2008 Dispositions: Code: DISMISSED Date: 11/04/2008 Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Days in Jail: Jail Start Date: Jail End Date: House Arrest Days: Ins Proof: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Driving School: Clearance Date: DUI School: Revocation Date: Restriction Text: 0 DAYS, — 0 DAYS CREDIT, = 0 DAYS TO SERVE, 0 ADDITIONAL DAYS SUSPENDED FOR 1 YEAR Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Modification Date: Narrative Code: License Flag: Probation: Type: Days: Start Date: End Date: The following event: PRE-TRIAL HEARING scheduled for 11/04/2008 at 1:30 pm has been resulted as follows: Result: PRETRIAL HEARING HELD Parties: VANNORT, SCOTTIE RAY — DEFENDANT CARSON CITY DISTRICT ATTORNEY — PROSECUTOR Arrest Bond: Action Code: BATTERY Arrest Date: 10/12/2008 Custody Location: CARSON CITY JAIL Bond Status: JAIL SENTENCE SERVED; RELEASE FROM CUSTODY TODAY. Status Date: 11/04/2008 Blanket Bond: No Okay to Apply: No Special Conditions: Condition: AC NO VIOLENCE Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: 1C FORMAL PROBATION Agency: Required Amt: Units: Due Date: 11/04/2009 Completed Date: Note: Condition: AC NO DRUGS OR DRUG PARAPHERNALIA, MEDS RX ONLY Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC SEARCH SEIZURE FOR ILLEGAL DRUGS PARA Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC ANGER MANAGEMENT EVALUATION Agency: Required Amt: 1 Units: EVALUATION Due Date: 11/21/2008 Completed Date: Note: Condition: AC NO CONTACT WITH THE VICTIM(S) Agency: Required Amt: Units: Due Date: Completed Date: Note: TOMMY DAMASTAS Condition: AC NO WEAPONS; DO NOT POSSESS ANY WEAPONS Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC SUBMIT TO SEARCH SEIZURE FOR WEAPONS Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC OBEY ALL LAWS Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC MISCELLANEOUS CONDITION Agency: Required Amt: Units: Due Date: Completed Date: Note: MUST REGISTER AS EX FELON IMMEDIATELY UPON RELEASE 11/4/2008 MISCELLANEOUS INFORMATION/CONDITION-SEE NOTES Condition Notes MUST REGISTER AS EX FELON IMMEDIATELY UPON RELEASE 11/4/2008 OBEY ALL LAWS 11/4/2008 SUBJECT TO SEARCH AND SEIZURE FOR WEAPONS 11/4/2008 NO WEAPONS 11/4/2008 NO CONTACT WITH THE VICTIM(S) Condition Notes TOMMY DAMASTAS 11/4/2008 ANGER MANAGEMENT EVALUATION/ENROLLMENT ORDERED Condition Required 1, EVALUATION 11/4/2008 SUBJECT TO SEARCH AND SEIZURE FOR DRUGS AND PARAPHERNALIA 11/4/2008 NO POSSESSION OR CONSUMPTION OF DRUGS, DRUG PARAPHERNALIA, MEDS RX ONLY 11/4/2008 FORMAL PROBATION ORDERED; REPORT IMMEDIATELY FOR ORIENTATION 11/4/2008 ORDERED TO COMMIT NO ACTS OF VIOLENCE 11/3/2008 CRIMINAL COMPLAINT FILED TO READ BATTERY (COUNT I) AND POSSESSION OF DRUG PARAPHERNALIA (COUNT II) 10/13/2008 SETTING AND CONDITIONS OF RELEASE FORM ! VIEWABLE FORM 1CH Sent on: 10/13/2008 10:29:09 10/13/2008 IN-COURT MINUTES Charges: Party Name: VANNORT, SCOTTIE RAY — DEFENDANT Charge Number: 1 Action Code: BATTERY Charge Dscr: Ticket Number: 08-7532 Degree of Offense: MISDEMEANOR Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Plea Code: NOT GUILTY Plea Date: 10/13/2008 Decision Code: Decision Date: Termination Code: Termination Date: Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Days in Jail: Jail Start Date: Jail End Date: House Arrest Days: Ins Proof: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Driving School: Clearance Date: DUI School: Revocation Date: Restriction Text: Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Modification Date: Narrative Code: License Flag: Probation: Type: Days: Start Date: End Date: Party Name: VANNORT, SCOTTIE RAY — DEFENDANT Charge Number: 2 Action Code: USE OR POSSESS DRUG PARAPHERNALIA Charge Dscr: Ticket Number: 08-7532 Degree of Offense: MISDEMEANOR Indicted Charge: Amended Charge: Amended DGOF: Action Change Date: # of Counts: Speed Limit: Speed: Plea Code: NOT GUILTY Plea Date: 10/13/2008 Decision Code: Decision Date: Termination Code: Termination Date: Party Charge Comments: Sentencing: Fine: Costs Amt: Costs Incl: No Days in Jail: Jail Start Date: Jail End Date: House Arrest Days: Ins Proof: Lic. Susp. Days: Susp. Start Date: Susp. End Date: Driving School: Clearance Date: DUI School: Revocation Date: Restriction Text: Suspend: Fine: Costs Amt: Lic Suspend Days: Days in Jail: Jail Time: Modification Date: Narrative Code: License Flag: Probation: Type: Days: Start Date: End Date: The following event: ARR HRG — IN CUSTODY scheduled for 10/13/2008 at 9:00 am has been resulted as follows: Result: ARRAIGNMENT HEARING HELD Events Added: PRE-TRIAL HEARING has been scheduled with WILLIS, ROBEY B on 11/04/2008 from 1:30 pm to 2:25 pm Event Notes: Parties: VANNORT, SCOTTIE RAY — DEFENDANT Arrest Bond: Action Code: BATTERY Arrest Date: 10/12/2008 Custody Location: CARSON CITY JAIL Bond Status: BAIL SET BY JUDGE Status Date: 10/13/2008 Blanket Bond: No Okay to Apply: No Bond Type: BONDABLE Bond Amount: 1000 Special Conditions: Condition: 1C KNOW YOUR COURT DATE. Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC NO CONTACT WITH THE VICTIM(S) Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC DO NOT BE W/IN 100 YARDS OF VICTIM/LOCATION Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC NO VIOLENCE Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC NO DRUGS OR DRUG PARAPHERNALIA, MEDS RX ONLY Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: AC SEARCH SEIZURE; DRUGS/Rx, PARA Agency: Required Amt: Units: Due Date: Completed Date: Note: Condition: 1C NO COMPLAINTS FOR SUBSTANCE ABUSE Agency: Required Amt: Units: Due Date: Completed Date: Note: 10/13/2008 NO COMPLAINTS FOR SUBSTANCE ABUSE 10/13/2008 SUBJECT TO SEARCH AND SEIZURE FOR DRUGS, PARAPHERNALIA, AND MEDICATIONS 10/13/2008 NO POSSESSION OR CONSUMPTION OF DRUGS, DRUG PARAPHERNALIA, MEDS RX ONLY 10/13/2008 ORDERED TO COMMIT NO ACTS OF VIOLENCE 10/13/2008 DO NOT ENTER ANY LOCATION WHERE VICTIM MIGHT BE 10/13/2008 NO CONTACT WITH THE VICTIM(S) 10/13/2008 KNOW YOUR COURT DATE, MAINTAIN CONTACT W/YOUR ATTORNEY ATTEND COURT ON TIME DRUG/ALCOHOL FREE 10/13/2008 PRETRIAL HEARING SCHEDULED Event: PRE-TRIAL HEARING Date: 11/04/2008 Time: 1:30 pm Judge: WILLIS, ROBEY B Location: DEPT. I 10/13/2008 ARRAIGNMENT HEARING HELD The following event: ARR HRG — IN CUSTODY scheduled for 10/13/2008 at 9:00 am has been resulted as follows: Result: ARRAIGNMENT HEARING HELD Judge: WILLIS, ROBEY B Location: DEPT. I 10/13/2008 ARREST BOND INFORMATION Arrest Bond Added to Case with: Action Code: BATTERY Arrest Date: 10/12/2008 Custody Location: CARSON CITY JAIL Bond Status: BAIL SET BY JUDGE Status Date: 10/13/2008 Blanket Bond: No Okay to Apply: No Bond Type: BONDABLE Bond Amount: 1132 10/13/2008 IN CUSTODY ARRAIGNMENT HEARING SCHEDULED Event: ARR HRG — IN CUSTODY Date: 10/13/2008 Time: 9:00 am Judge: WILLIS, ROBEY B Location: DEPT. I Result: ARRAIGNMENT HEARING HELD