From Casetext: Smarter Legal Research

Carter v. Williams

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 11, 2017
No. 74010 (Nev. App. Oct. 11, 2017)

Opinion

No. 74010

10-11-2017

WILLIE TERRY CARTER, Petitioner, v. BRIAN WILLIAMS, WARDEN, Respondent.


ORDER DENYING PETITION

This original petition for a writ of habeas corpus challenges the computation of time served. Petitioner asserts the Nevada Department of Corrections is not deducting statutory credits earned pursuant to NRS 209.4465 from his minimum sentences. We have considered the petition, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). A postconviction petition for a writ of habeas corpus filed in the district court for the county in which the petitioner is incarcerated "[i]s the only remedy available to an incarcerated person to challenge the computation of time that the person has served pursuant to a judgment of conviction." NRS 34.724(2)(c); see NRS 34.738(1). Accordingly, we

ORDER the petition DENIED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Willie Terry Carter

Attorney General/Carson City

Eighth District Court Clerk


Summaries of

Carter v. Williams

COURT OF APPEALS OF THE STATE OF NEVADA
Oct 11, 2017
No. 74010 (Nev. App. Oct. 11, 2017)
Case details for

Carter v. Williams

Case Details

Full title:WILLIE TERRY CARTER, Petitioner, v. BRIAN WILLIAMS, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Oct 11, 2017

Citations

No. 74010 (Nev. App. Oct. 11, 2017)