Wanner, Sr. (Donald) v. Sheilds

• Court: Nevada Supreme Court
• Decided: April 14, 2022
• Docket: 84327
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DONALD RAY LAMONT WANNER, No. 84327 SR., Petitioner, VS .

PERSHING COUNTY DISTRICT ATTORNEY R. BRYCE SHIELDS; NEVADA ATTORNEY GENERAL AARON D. FORD; STATE OF NEVADA FILED DEPARTMENT OF CORRECTIONS APR 1 4 2022 CHARLES DANIELS; AND STATE OF EuzAsETH A. BROWN NEVADA PAROLE AND PROBATION, CLERK OF SUPREME COURT BY Res ondents. CLERK

ORDER DENYING PETITIONS

This pro se original petition for a postconviction writ of habeas corpus and pro se amended original petition for a postconviction writ of habeas corpus challenge petitioner's conviction, alleging ineffective assistance of counsel. Having considered the petition and amended petition, we are not persuaded that writ relief is warranted because petitioner has a plain, speedy, and adequate remedy available to him by way of an appeal from the district court's denial of such relief in the first instance. See NRAP 22 ("An application for an original writ of habeas corpus should be made to the appropriate district court. If an application is made to the district court and denied, the proper remedy is by appeal from the district court's order denying the writ."); see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (writ relief is proper only when there is no plain, speedy, and adequate remedy at law and the petitioner bears the burden of demonstrating that writ relief is warranted).

Accordingly, we ORDER the petition and amended petition DENIED.

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Parraguirre

Hardesty Stiglich

cc: Donald Ray Lamont Wanner, Sr. Attorney General/Carson City Clerk of the Court/Court Administrator

SUPREME COURT OF NEVADA 2 (01 1947A cslarso