Warren (David) v. State

 pending direct appeal would not divest the 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). 3 Accordingly, we
ORDER the judgment of the district court REVERSED AND
REMAND this matter to the district court for proceedings consistent with
this order. 4
• 0le. . . „ J.
Gibbons
J.
Douglas Saitta
3 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 and the custodial status of appellant at the time
the petition is filed given the length of the sentence imposed in this case.
4We
have reviewed all documents that appellant has submitted in
proper person to the clerk of this court in this matter, and we conclude
that no relief based upon those submissions is warranted. To the extent
that appellant has attempted to present claims or facts in those
submissions which were not previously presented in the proceedings
below, we have declined to consider them in the first instance.
SUPREME COURT
OF
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cc: Hon. Valorie J. Vega, District Judge
David Thomas Warren
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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