Dennis (Antwanette) v. State ( 2013 )

 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).' Further, the direct appeal had been resolved
and the remittitur had issued, returning jurisdiction to the district court,
when appellant filed her petition on August 20, 2013. See Dennis v. State,
Docket No. 61800 (Order of Affirmance, April 9, 2013) (remittitur issued
May 8, 2013). Accordingly, we
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order.
tx124.; J.
Hardesty
Parraguirre
0124,
Cherry
J.
1-We note that the district court could take the matter off calendar
pending resolution of the direct appeal. This solution would preserve the
timeliness of the petition.
SUPREME COURT
OF
NEVADA
2
(0) 1947A •
cc: Hon. David A. Hardy, District Judge
Antwanette Denise Dennis
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A