Opinion
No. 75311 No. 75382
05-22-2018
CHARLES CLINTON NEWTON, JR., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent. CHARLES CLINTON NEWTON, JR., 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 PETITIONS
In these original petitions for a writ of mandamus, Charles Clinton Newton, Jr., seeks an order directing the district court to order Newton's removal from lifetime supervision. Newton states he was convicted of attempted violation of lifetime supervision. Newton acknowledges that he was arrested for a violation that is enumerated in NRS 213.1243 (the lifetime supervision statute). He asserts, however, his incarceration is illegal because the conditions used to place him at a specific residence were not conditions enumerated in NRS 213.1243. Alternatively, Newton appears to assert his conviction was illegal because other improper conditions of lifetime supervision were also imposed upon him.
We conclude this court's intervention by way of extraordinary writ is not warranted. Specifically, it appears Newton has a plain, speedy, and adequate remedy at law because his claim can be raised in a petition for a writ of habeas corpus filed in the district court. See NRS 34.170. Accordingly, without deciding upon the merits of any claims raised, we
To the extent Newton has already sought and been denied such relief in the district court, the proper method for challenging such a denial is an appeal. See NRS 34.575(1). We express no opinion as to whether any such appeal would be timely. See id.
We grant Newton's motion in Docket No. 75311 to file attachments for this court's review. The clerk of this court shall file the documents received on April 25, 2018. --------
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Charles Clinton Newton, Jr.
Attorney General/Carson City
Eighth District Court Clerk