Opinion
No. 63315
07-23-2013
CHRISTINE STRAMIELLO, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JESSIE ELIZABETH WALSH, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 habeas corpus challenging the validity of the judgment of conviction. 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. A challenge to the validity of a judgment of conviction should be raised in a post-conviction petition for a writ of habeas corpus filed in the district court in the first instance. NRS 34.724; NRS 34.738(1). Petitioner may then appeal to this court if the petition is denied by the district court. See NRAP 22 ("If an application [for an original writ of habeas corpus] is made to the district court and denied, the proper remedy is by appeal . . . from the district court's order denying the writ."); NRS 34.575(1) (providing that "the appeal must be made within 30 days after service by the court of written notice of entry of the order or judgment"). A notice of appeal is filed with the clerk of the district court in the first instance. NRAP 3(a)(1). 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. Jessie Elizabeth Walsh, District Judge
Christine Stramiello
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk