Opinion
No. 66990
12-12-2014
JESSIE MATTHEW DIAZ, Petitioner, v. KATHERINE BERNING, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 mandamus. Petitioner challenges his judgment of conviction based on ineffective assistance of counsel. Without deciding upon the merits of any claims raised in the documents submitted in this matter, we decline to exercise original jurisdiction. See NRS 34.160; NRS 34.170. A challenge to the validity of the 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 could meet the procedural requirements of NRS chapter 34.
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Pickering
/s/_________, J.
Saitta
cc: Jessie Matthew Diaz
Fry & Berning, LLC
Washoe District Court Clerk