Opinion
83468-COA
06-17-2022
LISA ANN NASH, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
GIBBONS, C.J.
Lisa Ann Nash appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on October 16, 2020. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
In her petition, Nash challenged her May 7, 2018, judgment of conviction but indicated she had completed the sentence imposed by it. Because Nash was not in custody pursuant to her judgment of conviction when she filed her petition, a postconviction petition for a writ of habeas corpus was not an available remedy. See Nev. Const. art. 6, § 6(1) (setting forth a custody requirement for habeas corpus); NRS 34.724(1) (providing that a habeas petition is available to a person under a sentence of imprisonment or death); Jackson v. State, 115 Nev. 21, 23, 973 P.2d 241, 242 (1999) (concluding that a petitioner was not entitled to file a postconviction petition for a writ of habeas corpus when the petitioner was no longer incarcerated pursuant to the judgment of conviction contested). Therefore, we conclude the district court did not err by denying the petition, and we
ORDER the judgment of the district court AFFIRMED.
Tao, J., Bulla, J.
Hon. Kathleen E. Delaney, District Judge