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Stramiello v. Eighth Judicial Dist. Court of Nev.

SUPREME COURT OF THE STATE OF NEVADA
Jul 23, 2013
No. 63315 (Nev. Jul. 23, 2013)

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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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


Summaries of

Stramiello v. Eighth Judicial Dist. Court of Nev.

SUPREME COURT OF THE STATE OF NEVADA
Jul 23, 2013
No. 63315 (Nev. Jul. 23, 2013)
Case details for

Stramiello v. Eighth Judicial Dist. Court of Nev.

Case Details

Full title:CHRISTINE STRAMIELLO, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Jul 23, 2013

Citations

No. 63315 (Nev. Jul. 23, 2013)

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