Opinion
No. 67268
02-11-2015
HOWARD L. ELLIS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUGLAS SMITH, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 petition for a writ of mandamus. Petitioner seeks an order directing the district court to decide a petition for a writ of mandamus filed in the district court and to enforce the terms of the plea agreement. 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. 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/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Douglas Smith, District Judge
Howard L. Ellis
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk