Opinion
No. 76020-COA
02-12-2019
TYRONE THOMAS HOWARD NALL, Appellant, v. ROBERT LEGRAND, WARDEN, LOVELOCK CORRECTIONAL CENTER, Respondent.
ORDER OF AFFIRMANCE
Tyrone Thomas Howard Nall appeals from an order of the district court denying a supplemental postconviction petition for a writ of habeas corpus filed on June 15, 2016. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3).
Nall argues the district court erred by denying his claim the Nevada Department of Corrections (NDOC) erred by improperly declining to apply his statutory credits toward sentences Nall has already expired or been paroled from. He argues Garlotte v. Fordice, 515 U.S. 39 (1995) overruled Johnson v. Dir., Nev. Dep't of Prisons, 105 Nev. 314, 774 P.2d 1047 (1989), and therefore, the district court erred by relying on Johnson to deny him relief on the sentences he has been paroled from.
Nall fails to demonstrate the district court erred. Garlotte did not overrule the holding in Johnson that when a prisoner has "expired his sentence, any question as to the method of computing those sentences was rendered moot." Johnson, 105 Nev. at 316, 774 P.2d at 1049. Instead, Garlotte discusses what constitutes custody for habeas corpus petitioners when they are serving consecutive sentences and want to challenge their conviction. It does not discuss credits a prisoner has earned pursuant to statute and the right to have those credits apply to expired or paroled from sentences.
We conclude the district court properly denied Nall's claim that his credits should apply to the minimum parole eligibility of sentences he has expired or been paroled from. The only relief available in this situation would be a parole hearing, and Nall has either expired or been paroled from his previous sentences. No statutory authority or case law permits a retroactive grant of parole. See Niergarth v. Warden, 105 Nev. 26, 29, 768 P.2d 882, 884 (1989). Accordingly, we conclude the district court did not err by denying Nall's petition, and we
The district court found NDOC is correctly applying Nall's statutory credits toward his minimum parole eligibility for his current sentence, see NRS 209.446(6)(b), and Nall does not challenge that finding on appeal.
ORDER the judgment of the district court AFFIRMED.
We deny Nall's motion for the appointment of appellate counsel. Further, we have reviewed all documents Nall has filed in this matter, and we conclude no relief based upon those submissions is warranted. To the extent Nall has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we decline to consider them in the first instance. --------
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Jim C. Shirley, District Judge
Tyrone Thomas Howard Nall
Attorney General/Carson City
Pershing County Clerk