Opinion
No. 72267
12-14-2017
HAROLD EDWARDS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF REVERSAL
Harold Edwards appeals from an order of the district court dismissing a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Douglas Smith, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Edwards filed a document entitled "defendant/petitioner intends to present the following issues in his post-conviction writ of habeas corpus" on December 16, 2016. The district court construed the document as a postconviction petition for a writ of habeas corpus and dismissed it for failure to conform to the requirements of NRS 34.735. Substantively, the document consisted of only four headings and no details or argument. Thus it appears the pleading was not intended to be a postconviction petition. Rather, it appears it was only intended to notify the district court of the claims Edwards intended to raise. The record reflects Edwards has since filed a timely and substantive postconviction habeas petition. Because it appears the document was only intended to put the court on notice of the issues Edwards intended to raise, we conclude the district court erred by construing the document as a postconviction petition and dismissing it. Accordingly, we
ORDER the judgment of the district court REVERSED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Douglas Smith, District Judge
Harold Edwards
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk