Opinion
No. 63979
10-16-2013
WILLIAM CARL MISIEWICZ, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUG SMITH, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION
This is a proper person petition for a writ of mandamus. Appellant seeks an order from this court directing the district court to issue an order regarding a post-conviction petition for a writ of habeas corpus that petitioner filed in the district court. Petitioner also appears to seek this court's independent review of the claims challenging the judgment of conviction he raised in his post-conviction petition. 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. See NRS 34.160; NRS 34.170. Challenges to the judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus and filed in the district court in the first instance. See NRS 34.724(2)(b); NRS 34.738U). Accordingly, we
We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34.
ORDER the petition DENIED.
________________, J.
Hardesty
________________, J.
Parraguirre
________________, J.
Cherry
cc: Hon. Doug Smith, District Judge
William Carl Misiewicz
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk