Opinion
No. 60820.
06-14-2012
Keith David HOUSTON, Petitioner, v. The FIRST JUDICIAL DISTRICT COURT of the STATE of Nevada, in and for The COUNTY OF CARSON CITY; and The Honorable James Todd Russell, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
Keith David Houston Attorney General/Carson City Carson City District Attorney
Keith David Houston
Attorney General/Carson City
Carson City District Attorney
ORDER DENYING PETITION
This is a proper person petition for a writ of prohibition and mandamus. Petitioner, who was convicted pursuant to a 1983 guilty plea, seeks to compel the district court to grant him a jury trial on the original charges. We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise original jurisdiction in this matter. NRS 34.160 ; NRS 34.170 ; NRS 34.320 ; NRS 34.330. A challenge to the validity of the judgment of conviction must be raised in a post-conviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724(2)(b) ; NRS 34.738(1). Accordingly, we
We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34.
ORDER the petition DENIED.