Opinion
No. 71238
06-14-2017
ROGER RANDOLPH, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Roger Randolph appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus he filed on November 9, 2015, and the supplemental petition filed on April 21, 2016. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
Randolph claims the district court erred by denying his claim he was denied the right to represent himself at trial. Specifically, he claims the trial judge ignored his requests to represent himself. Randolph fails to demonstrate he is entitled to relief. Randolph raised this claim on direct appeal and it was rejected by the Nevada Supreme Court. See Randolph v. State, Docket No. 60993, p.10, n.5 (Order of Affirmance, January 30, 2015). Therefore, this claim was barred by the doctrine of law of the case and could not be avoided by a more detailed and focused argument. See Hall v. State, 91 Nev. 314-15, 535 P.2d 797, 798-99 (1975); see also Pellegrini v. State, 117 Nev. 860, 888, 34 P.3d 519, 538 (2001) ("Under law of the case doctrine, issues previous determined . . . on appeal may not be reargued as a basis for habeas relief."). Accordingly, we conclude the district court did not err by denying this claim, and we
The district court erred by finding this issue had not been raised on direct appeal. Nevertheless, since the district court correctly denied relief, we affirm the denial of the petition. See Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) (holding a correct result will not be reversed simply because it is based on the wrong reason). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Kathleen E. Delaney, District Judge
Mace J. Yampolsky, Ltd.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk