Opinion
No. 57745.
07-13-2011
Jamaa Anthony CINQUE, Appellant, v. The STATE of NEVADA, Respondent.
Jamaa Anthony Cinque Attorney General/Carson City Washoe County District Attorney
Jamaa Anthony Cinque
Attorney General/Carson City
Washoe County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a “motion for new sentencing hearing.” Second Judicial District Court, Washoe County; Steven P. Elliott, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
In his motion, filed on August 18, 2010, appellant claimed that the 13 convictions considered by the district court when adjudicating him a habitual criminal were stale, trivial, and were not all separate and distinct. Appellant has raised these claims and they were rejected by this court. Cinque v. State, Docket No. 54335 (Order of Affirmance, October 27, 2009). The doctrine of law of the case prevents further litigation of these claims and “cannot be avoided by a more detailed and precisely focused argument.” Hall v. State, 91 Nev. 314, 316, 535 P.2d 797, 799 (1975). We therefore conclude that the district court did not err in denying appellant's motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.