Opinion
No. 63854
12-18-2013
RODERICK SAWYER, Petitioner, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER GRANTING PETITION
This is a proper person petition for a writ of mandamus or prohibition. Petitioner seeks an order from this court compelling the district court to appoint new counsel and to resolve his post-conviction petition for a writ of habeas corpus. Petitioner presented documentation supporting his claim that he filed a post-conviction petition on April 16, 2010, that counsel was appointed to represent him in post-conviction proceedings, and that no action has been taken on his petition since the cancellation of a March 24, 2011, status hearing. It would thus appear that the post-conviction petition has not been examined expeditiously. See NRS 34.740. Accordingly, we
ORDER the petition GRANTED AND DIRECT THE CLERK OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the district court to set a status hearing on the delays within 30 days from the date of this order.
We note that appointed counsel, Gerald Ciciliano, has been suspended from the practice of law in the State of Nevada for failing to pay bar dues and comply with continuing legal education and reporting requirements. He also faces disciplinary action. See In re Discipline of Gerald Ciciliano, Docket No. 63152. Because the district court apparently found that petitioner met the requirements of NRS 34.750 and, accordingly, appointed post-conviction counsel, the district court should consider appointing replacement counsel. Further, in light of the circumstances, the court should ensure prompt adjudication of the postconviction petition.
_________________, C.J.
Pickering
_________________, J.
Hardesty
_________________, J.
Cherry
cc: Hon. Jerome T. Tao, District Judge
Ciciliano & Associates, LLC
Roderick Sawyer
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk