Opinion
No. 76685
09-14-2018
MARVIN MORAN, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges Marvin Moran's judgment of conviction. 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 because Moran has a plain, speedy, and adequate remedy for challenging the validity of his judgment of conviction. See NRS 34.160; NRS 34.170; NRAP 21(b)(1); 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."). Specifically, a claim challenging the validity of the judgment of conviction must be raised on direct appeal or in a postconviction petition for a writ of habeas corpus filed in the district court in compliance with the provisions of NRS chapter 34. Accordingly, we
We express no opinion as to whether Moran could meet the procedural requirements for filing a direct appeal, see NRAP 4(b), or for filing a postconviction petition, see NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Marvin Moran
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk