Opinion
No. 73764
06-29-2018
NATALIE MONIQUE ROBINSON, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF REVERSAL AND REMAND
Natalie Monique Robinson appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 7, 2017. Eighth Judicial District Court, Clark County; Kerry Louise Earley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
We previously ordered the State to show cause why the district court's order denying the petition as untimely should not be reversed. See Robinson v. State, Docket No. 73764 (Order to Show Cause, June 8, 2018). Although Robinson's petition was filed outside the one-year time limit, see NRS 34.726(1), it was received by the clerk of the district court within the one-year time limit. And it is the clerk's duty, not the parties', to file submitted documents. See Sullivan v. Eighth Judicial Dist. Court, 111 Nev. 1367, 1372, 904 P.2d 1039, 1042 (1995).
In its response, the State acknowledges the clerk received the petition within the one-year time limit and states it does not oppose a remand to consider Robinson's petition on the merits. Because the record demonstrates the district court clerk received the petition within the one year time limit for filing the petition, we conclude the district court erred by denying the petition as untimely. Accordingly, we
ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court to consider Robinson's petition on the merits.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Kerry Louise Earley, District Judge
Natalie Monique Robinson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk