Bradberry (Ronald) v. State ( 2014 )

 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
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cc: Hon. Carolyn Ellsworth, District Judge
Ronald W. Bradberry
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
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