Valentine v. State, 111219 NVCA, 77515-COA

Docket Nº:77515-COA
Opinion Judge:GIBBONS, C.J.
Party Name:LAWRENCE RONALD VALENTINE, Appellant, v. THE STATE OF NEVADA; N.D.O.C.; AND BRIAN WILLIAMS, WARDEN, Respondents.
Judge Panel:Tao, Bulla, J. Hon. Michael Villani, District Judge
Case Date:November 12, 2019
Court:Court of Appeals of Nevada
 
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LAWRENCE RONALD VALENTINE, Appellant,

v.

THE STATE OF NEVADA; N.D.O.C.; AND BRIAN WILLIAMS, WARDEN, Respondents.

No. 77515-COA

Court of Appeals of Nevada

November 12, 2019

UNPUBLISHED OPINION

ORDER OF REVERSAL AND REMAND

GIBBONS, C.J.

Lawrence Ronald Valentine appeals from an order of the district court denying his pleading entitled "Order to Nullify J.O.C. Due to Want of Prosecution - Pursuant to Nevada Constitution and Immediate Release from Custody Within 4 Hours Next Business Day at 12 Noon" filed on July 18, 2018. Eighth Judicial District Court, Clark County; Michael Villani, Judge.

Based on the nature of the relief sought and type of claims raised in his pleadings, the district court construed Valentine's pleading to be a postconviction petition for a writ of habeas corpus. We conclude the district court did not err by so construing the pleading. See NRS 34.724(2)(b) (a postconviction petition for a writ of habeas corpus is the exclusive remedy for challenging the validity of a conviction or sentence). However, the district court then denied the pleading as procedurally barred without giving Valentine an opportunity to cure the defects in his pleading, i.e., to plead good cause and prejudice to overcome the procedural bars. This was error. See Miles v. State, 120 Nev....

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