Opinion
No. 78454-COA
05-15-2019
DELBERT MARSHALL GREENE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
In this petition for a writ of coram nobis, Delbert Marshall Greene challenges his guilty verdict, alleging error with the grand jury proceedings and the indictment, and arguing his counsel was ineffective. We have considered the petition and conclude this court's intervention by way of extraordinary writ is not warranted because Greene is not challenging a conviction, pursuant to which he is no longer in custody, and because his claims fall outside the limited scope for a writ of coram nobis. See Trujillo v. State, 129 Nev. 706, 717-18, 310 P.3d 594, 601-02 (2013) (recognizing the writ of coram nobis is a discretionary writ and observing that its application is restricted to persons who are no longer in custody on the conviction being challenged, but who seek to challenge the conviction in order to address a limited scope of factual, not legal, errors). Accordingly, we
In light of this order, Greene's motion for reconsideration is denied.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Delbert Marshall Greene
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk