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Earwicker v. Howell

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 23, 2020
No. 80594-COA (Nev. App. Sep. 23, 2020)

Opinion

No. 80594-COA

09-23-2020

JASON PAUL EARWICKER, Appellant, v. JERRY HOWELL, WARDEN, Respondent.


ORDER OF AFFIRMANCE

Jason Paul Earwicker appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on November 2, 2018. Eighth Judicial District Court, Clark County; Joseph Hardy, Jr., Judge.

Earwicker claimed the Nevada Department of Corrections (NDOC) is not applying credit to his minimum aggregated sentence. The district court found that his minimum aggregated sentence was five years and six months, the start date for the aggregated sentence was in March 2018, Earwicker will be eligible for parole less than three years later in January 2021, and accordingly, NDOC is applying credit to Earwicker's minimum aggregated sentence. These facts are supported by the record on appeal. We therefore conclude the district court did not err by denying this claim.

Earwicker also claimed the application of NRS 209.4465(8) to his sentence violates the Ex Post Facto Clause. A requirement for an Ex Post Facto Clause violation is that the statute applies to events occurring before it was enacted. Weaver v. Graham, 450 U.S. 24, 29 (1981). Because NRS 209.4465(8) was enacted before Earwicker committed his crime, its application does not violate the Ex Post Facto Clause. We therefore conclude the district court did not err by denying this claim. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Joseph Hardy, Jr., District Judge

Jason Paul Earwicker

Attorney General/Carson City

Attorney General/Las Vegas

Eighth District Court Clerk


Summaries of

Earwicker v. Howell

COURT OF APPEALS OF THE STATE OF NEVADA
Sep 23, 2020
No. 80594-COA (Nev. App. Sep. 23, 2020)
Case details for

Earwicker v. Howell

Case Details

Full title:JASON PAUL EARWICKER, Appellant, v. JERRY HOWELL, WARDEN, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 23, 2020

Citations

No. 80594-COA (Nev. App. Sep. 23, 2020)