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Powell v. Williams

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 18, 2019
No. 77409-COA (Nev. App. Jul. 18, 2019)

Opinion

No. 77409-COA

07-18-2019

DAMON T. POWELL, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.


ORDER OF AFFIRMANCE

Damon T. Powell appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on March 8, 2018. Eighth Judicial District Court, Clark County; Linda Marie Bell, Chief Judge.

This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------

Powell claimed the Nevada Department of Corrections was not applying the statutory credits he earned to his minimum sentence as required by NRS 209.4465. However, the district court found that Powell had appeared before the Nevada Board of Parole Commissioners, he had been granted discretionary parole on his sentence, and consequently his claim was moot.

The record supports the district court's factual findings. Because a parole hearing would be the only relief available and no statutory authority or case law permits a retroactive grant of parole, see Williams v. State Dep't of Corr., 133 Nev. 594, 600 n.7, 402 P.3d 1260, 1265 n.7 (2017), we conclude the district court did not err by determining Powell's claim was moot, see Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 316, 774 P.2d 1047, 1049 (1989). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Linda Marie Bell, Chief Judge

Damon T. Powell

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

Powell v. Williams

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 18, 2019
No. 77409-COA (Nev. App. Jul. 18, 2019)
Case details for

Powell v. Williams

Case Details

Full title:DAMON T. POWELL, Appellant, v. BRIAN WILLIAMS, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 18, 2019

Citations

No. 77409-COA (Nev. App. Jul. 18, 2019)