Gayler (Brandyn) v. State

• Court: Nevada Supreme Court
• Decided: June 12, 2014
• Docket: 65513
• Status: Unpublished

Opinion

decision. 1 Thus, because appellant failed to designate an appealable

order, we lack jurisdiction over this appeal, and we

ORDER this appeal DISMISSED. 2

1Pig I CATH Pickenng ea. too Parraguirre

J. Saitta

'The order entered by the court had the effect of taking the second petition off calendar pending the resolution of his appeal in Gayler v. State, Docket No. 64980. Upon resolution of the appeal in Docket No. 64980, appellant may file a motion to place the petition back on the court's calendar. The appeal pending in Gayler v. State, Docket No. 65306 from the denial of his motions to modify and correct sentence would not deprive the district court from considering his second habeas corpus petition as habeas corpus is a separate, collateral remedy attacking the validity of the judgment of conviction and sentence. NRS 34.724(2)(a) (providing that a habeas corpus petition is not a substitute for and does not motions incident to the proceedings in the trial court); 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); 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).

2We have received the documents submitted in this appeal, and in light of the disposition of this appeal we deny the relief requested.

SUPREME COURT OF NEVADA 2 (0) 1947A TeV• cc: Hon. Jerome T. Tao, District Judge Brandyn William Gayler Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A