Opinion
No. 59127.
10-05-2011
Attorney General/Carson City Washoe County District Attorney
Attorney General/Carson City
Washoe County District Attorney
ORDER DENYING PETITION
This is an original proper person petition for a writ of habeas corpus in which petitioner challenges the validity of his judgment of conviction. We have reviewed the documents before this court, and without the deciding upon the merits of any of the claims raised in the petition, we decline to exercise this court's original jurisdiction over this matter. See Hosier v. State, 121 Nev. 409, 411, 117 P.3d 212, 213 (2005) (rejecting an argument that the Nevada Constitution requires this court to consider an original petition for a writ of habeas corpus on the merits). A challenge to the validity of a judgment of conviction must 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(2)(b) ; NRS 34 .738(1). Accordingly, we
We express no opinion as to whether petitioner may satisfy the procedural requirements of NRS chapter 34 at this time.
The Honorables Robert Rose and Miriam Shearing, Senior Justices, participated in the decision of this matter under general orders of assignment.
--------