How to read this section
From 2008 Alexander Falconi was a party in a Washoe County custody case (No. FV08-03200) and in a protection-order case the other parent brought (No. FV08-03338), and then in a string of his own appeals and writ petitions in the Nevada Supreme Court, most of them filed without a lawyer. Papers filed in those courts are not casual. A verified petition, a docketing statement, a case appeal statement and a certificate of service are each signed under penalty of perjury or under NRCP 11, which makes the signer answerable for what is in them. Each of the ten pages below puts one of his sworn or signed statements beside the document that says otherwise: a court's minutes, an order, a police report he attached himself, or another paper he signed. Both are quoted in full on the page. The child is never named here, and the other parent is never identified.
The handgun at custody exchanges
In April 2009, a year into the custody case, Judge Weller held a review hearing. The minutes record the judge questioning him about showing a handgun to the other parent at the custody exchanges at a Wendy's, calling it insensitive toward a mother who had applied for a protection order, and telling him it showed an immature attitude toward firearms; they record him answering that it was his right and that the court did not understand. Eight months later, in a reply he filed in the same case, he wrote that the court did not admonish him for appearing with a firearm.
The two sides, quoted and cited.
Domestic violence: the order, the admission, and the denials
In October 2008 a domestic-violence master extended a protection order against him on a form finding that an act of domestic violence had occurred or that he represented a credible threat. At that hearing, the minutes record, he testified that the only time he laid hands on her was to stop her blocking him from leaving. The Supreme Court repeated that admission in a published 2013 opinion. In four filings between 2009 and 2014 he swore or wrote that he had never committed any act of domestic violence and that her application was a lie.
The two sides, quoted and cited.
"Never went to her place of work"
In his 2012 reply to the other parent's answer in the Supreme Court he wrote that she admits he never went to her place of work. The minutes of the October 2008 protection-order hearing, at which he testified, record her telling the court that he showed up at her work at midnight.
The two sides, quoted and cited.
Prior proceedings: "None"
A docketing statement is a sworn form every appellant files with the Supreme Court; one of its questions asks for related prior proceedings in that court. In January 2019, in his fifth appeal from the same custody case, he answered that there were none. His own case appeal statement in the same docket, signed three weeks earlier, listed the four earlier appeals by number.
The two sides, quoted and cited.
Represented, and not represented, below
Every appeal from a district court case opens with a case appeal statement, which says among other things whether the appellant had retained counsel below. His December 2015 statement for the custody case says he was represented by retained counsel in the district court; his June 2017 statement for the same case says he was not.
The two sides, quoted and cited.
The missing-persons claim
In a May 2019 writ petition he swore that the other parent's family had reported her missing to the San Diego Police Department, and cited three pages of his own appendix as the proof. Those pages, as read, contain relatives' messages that they had had no contact with her, and no missing-persons report.
The two sides, quoted and cited.
A date that moves
In a verified petition to the Supreme Court in November 2011 he swore that an incident involving the other parent happened on April 7, 2007. The police report of that incident, which he had attached to an earlier brief and cited by number and date himself, is dated March 3, 2008.
The two sides, quoted and cited.
"Not a party to this action"
A certificate of service is the signed statement at the end of a filing that a copy was delivered to the other side; the form he used says, under penalty of perjury, that the signer is not a party to the action. In five of his own cases, in which he was the appellant or the petitioner, he signed that statement, in some of them beside other certificates in which he stated that he was a party.
The two sides, quoted and cited.
"Deliberately dragged this proceeding out"
In a November 2013 motion for costs in a Washoe County case between him and the other parent (No. CV13-01019), he wrote that she had deliberately dragged the proceeding out. Judge Weller's order of March 2014 on that motion found no evidence that she had unreasonably delayed it.
The two sides, quoted and cited.
An order drafted in the court's voice
In November 2011 he filed a notice that the other side had not opposed his motion to expedite his appeal, and attached to it a proposed order granting the motion, written in the voice of the Supreme Court. The order the court actually entered a month later reads differently.