Opinion
No. 79777-COA
11-19-2019
MANUEL MELENDEZ, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JAMES M. BIXLER, SENIOR JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
In this original "First Amendment Petition" or writ of certiorari, Manuel Melendez challenges his judgment of conviction, alleging the jury was not properly sworn in, he received ineffective assistance of sentencing and appellate counsel, and his time served has not been properly calculated in his new judgment of conviction.
We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction. See NRS 34.020(2) (writ of certiorari will not issue where the petitioner has "any plain, speedy and adequate remedy"); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."). A challenge to the validity of the judgment of conviction must be raised in a postconviction 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 Melendez could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Chief Judge, Eighth Judicial District Court
Hon. James M. Bixler, Senior Judge
Manuel Melendez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk