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Williams v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 20, 2020
460 P.3d 480 (Nev. App. 2020)

Opinion

No. 80666-COA

03-20-2020

Oscar WILLIAMS, 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.

Oscar Williams, Jr. Attorney General/Carson City Clark County District Attorney


Oscar Williams, Jr.

Attorney General/Carson City

Clark County District Attorney

ORDER DENYING PETITION

In this original petition for a writ of mandamus, Oscar Williams, Jr., challenges the legality of his 1985 conviction for first-degree murder. He seeks an order directing the district court to discharge him from the Nevada Department of Corrections.

We have reviewed the documents filed in this matter, and without deciding upon the merits of any claims raised therein, we decline to exercise our original jurisdiction. See NRS 34.160 ; NRS 34.170 ; 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 Williams could meet the procedural requirements of NRS chapter 34.
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ORDER the petition DENIED.


Summaries of

Williams v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 20, 2020
460 P.3d 480 (Nev. App. 2020)
Case details for

Williams v. Eighth Judicial Dist. Court

Case Details

Full title:OSCAR WILLIAMS, JR., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 20, 2020

Citations

460 P.3d 480 (Nev. App. 2020)