Opinion
No. 76110
07-17-2018
JOHN DAVID PAMPLIN, Petitioner, v. THE STATE OF NEVADA, Respondent.
cc: John David Pamplin Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
ORDER DENYING PETITION
This is an original petition for a writ of prohibition seeking an order directing the district court to reverse John David Pamplin's judgment of conviction and sentence. Pamplin asserts he did not commit the crime, his sentence constitutes cruel and unusual punishment, and his counsel was ineffective.
We have reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction. See NRS NRS 34.320; NRS 34.330; NRAP 21(b)(1); 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 petitioner could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: John David Pamplin
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk