Coffin (Saulualofaiga) v. Dist. Ct. (State) ( 2013 )

 A writ of habeas corpus is only available to prisoners seeking
to invalidate their confinement or its duration, "either directly through an
injunction compelling speedier release or indirectly through a judicial
determination that necessarily implies the unlawfulness of the State's
custody." Wilkinson v. Dotson, 544 U.S. 74, 81 (2005). Claims not directly
affecting a prisoner's confinement or the duration of that confinement
must be brought under some other theory. See NRS 34.360; Wilkinson,
544 U.S. at 82 (prisoners' claims did not implicate habeas corpus because
they were not seeking an immediate or speedier release from
confinement).
As petitioner has not tendered a guilty plea or been found
guilty of the alleged offenses and there is no indication that he is being
unlawfully confined or restrained, we are not satisfied that our
intervention is warranted. We conclude that the petitioner has an
adequate remedy by way of an appeal should he be convicted. Accordingly,
we
ORDER the petition DENIED.
Gibbons
J.
Douglas Saitta
cc: Hon. Jennifer P. Togliatti, District Judge
The Pariente Law Firm, P.C.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
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