Opinion
No. 71814
12-16-2016
Demetri Lamar Alexander, Petitioner, v. The State of Nevada, Respondent.
Demetri Lamar Alexander Attorney General/Carson City Clark County District Attorney
Demetri Lamar Alexander
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This petition for a writ of mandamus or prohibition seeks an order releasing petitioner from custody. We conclude that petitioner is not entitled to extraordinary relief for two reasons. First, the issues raised in the petition involve factual disputes that cannot be resolved by this court and therefore must be presented to the district court in the first instance. See Round Hill Gen. Imp . Dist. v. Newman , 97 Nev. 601, 601, 637 P.2d 534, 536 (1981). Second, despite petitioner's assertions to the contrary, the allegations in this petition challenge the validity of petitioner's judgment of conviction, and therefore, they must be raised in a postconviction petition for a writ of habeas corpus filed in the district court. NRS 34.726(2)(b) ; NRS 34.738(1). Accordingly, we
ORDER the pettion DENIED.