Bradberry (Ronald) v. State

Nevada Supreme Court

Bradberry (Ronald) v. State

DecidedApril 10, 2014

Docket64733

StatusUnpublished

This text of Bradberry (Ronald) v. State (Bradberry (Ronald) v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bradberry (Ronald) v. State, (Neb. 2014).

Pincite

Opinion

district court of jurisdiction to consider the collateral petition. NRS 34.724(2)(a) (providing that a habeas corpus petition is not a substitute for and does not affect the remedy of direct review); NRS 34.730(3) (providing that the clerk of the district court shall file a habeas corpus petition as a new action separate and distinct from any original proceeding in which a conviction has been had); Daniels v. State, 100 Nev. 579, 580, 688 P.2d 315, 316 (1984) (recognizing that a post-conviction proceeding is separate from the direct appeal), overruled on other grounds by Varwig v. State, 104 Nev. 40, 752 P.2d 760 (1988); Groesbeck v. Warden, 100 Nev. 259, 260, 679 P.2d 1268, 1268-69 (1984) (recognizing that a post-conviction habeas corpus petition is a petition seeking collateral review). 2 Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

gek-04 J. Pickering

J. alajtirmrar Parraguirre, - f J. 'Saitta

2We note that while this appeal was pending, this court entered an order affirming the decision to deny the motion to modify sentence. See Bradberry v. State, Docket No. 63528 (Order of Affirmance, February 12, 2014). The remittitur issued on March 11, 2014.

SUPREME COURT OF NEVADA 2 (0) 1947A e cc: Hon. Carolyn Ellsworth, District Judge Ronald W. Bradberry Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) I947A

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district court of jurisdiction to consider the collateral petition. NRS 34.724(2)(a) (providing that a habeas corpus petition is not a substitute for and does not affect the remedy of direct review); NRS 34.730(3) (providing that the clerk of the district court shall file a habeas corpus petition as a new action separate and distinct from any original proceeding in which a conviction has been had); Daniels v. State, 100 Nev. 579, 580, 688 P.2d 315, 316 (1984) (recognizing that a post-conviction proceeding is separate from the direct appeal), overruled on other grounds by Varwig v. State, 104 Nev. 40, 752 P.2d 760 (1988); Groesbeck v. Warden, 100 Nev. 259, 260, 679 P.2d 1268, 1268-69 (1984) (recognizing that a post-conviction habeas corpus petition is a petition seeking collateral review). 2 Accordingly, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

gek-04 J. Pickering

J. alajtirmrar Parraguirre, - f J. 'Saitta

2We note that while this appeal was pending, this court entered an order affirming the decision to deny the motion to modify sentence. See Bradberry v. State, Docket No. 63528 (Order of Affirmance, February 12, 2014). The remittitur issued on March 11, 2014.

SUPREME COURT OF NEVADA 2 (0) 1947A e cc: Hon. Carolyn Ellsworth, District Judge Ronald W. Bradberry Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) I947A

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Bluebook (online)

Bradberry (Ronald) v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bradberry-ronald-v-state-nev-2014.

Opinion

J. alajtirmrar Parraguirre, - f J. 'Saitta

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