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Hayes v. State

Court of Appeals of Nevada
Jul 20, 2022
No. 84404-COA (Nev. App. Jul. 20, 2022)

Opinion

84404-COA

07-20-2022

JAMES HOWARD HAYES, JR., Appellant, v. THE STATE OF NEVADA, Respondent.

James Howard Hayes, Jr. Attorney General/Carson City Clark County District Attorney


UNPUBLISHED OPINION

James Howard Hayes, Jr. Attorney General/Carson City Clark County District Attorney

ORDER OF AFFIRMANCE

Gibbons, C.J.

James Howard Hayes, Jr., appeals from an order of the district court denying a "motion in the nature of a writ of coram nobis" filed on January 14, 2022. Eighth Judicial District Court, Clark County; Joseph T. Bonaventure, Senior Judge.

Hayes claims the district court erred by denying his motion. In his pleadings below, Hayes challenged the validity of his guilty plea, claimed the district court lacked jurisdiction because insufficient evidence was presented at his preliminary hearing to support a finding of probable cause, and appeared to claim that he was actually innocent. Hayes' claims fell outside the limited scope of claims allowed when pursuing a writ of coram nobis. See Trujillo v. State, 129 Nev. 706, 717, 310 P.3d 594, 601 (2013) (providing that a petition for a writ of coram nobis is limited to factual, not legal, errors "outside the record that affect the validity and regularity of the decision itself and is not "the forum to relitigate the guilt or innocence of the petitioner"). Accordingly, we conclude the district court did not err by denying the motion, and we

ORDER the judgment of the district court AFFIRMED.

Tao, J., Bulla, J.

Hon. Monica Trujillo, District Judge


Summaries of

Hayes v. State

Court of Appeals of Nevada
Jul 20, 2022
No. 84404-COA (Nev. App. Jul. 20, 2022)
Case details for

Hayes v. State

Case Details

Full title:JAMES HOWARD HAYES, JR., Appellant, v. THE STATE OF NEVADA, Respondent.

Court:Court of Appeals of Nevada

Date published: Jul 20, 2022

Citations

No. 84404-COA (Nev. App. Jul. 20, 2022)