Opinion
No. 77502-COA
01-31-2019
ANDREI MARCUS DAVIS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
cc: Andrei Marcus Davis Clark County District Attorney Eighth District Court Clerk
ORDER DENYING PETITION
In this original petition for a writ of certiorari, Andrei Marcus Davis challenges his judgment of conviction, alleging the complaint in his case did not properly charge him with conspiracy to commit murder, murder with the use of a deadly weapon, or robbery with the use of a deadly weapon because the complaint was never file stamped. Davis asserts that because the complaint lacked a file stamp, the lower court never obtained jurisdiction in his case and, therefore, all subsequent proceedings, including trial, were null and void.
We decline to exercise our discretion to entertain the petition. See Zamarripa v. First Judicial Dist. Court, 103 Nev. 638, 640, 747 P.2d 1386, 1387 (1987) (recognizing that the issuance of a writ of certiorari is discretionary). Davis has a plain, speedy, and adequate remedy at law that precludes writ relief—he can raise a challenge to his judgment of conviction in a postconviction petition for a writ of habeas corpus that is filed in the district court in the first instance. See NRS 34.020(2); NRS 34.724(1), (2)(b); NRS 34.738(1). Accordingly, we
We express no opinion as to whether Davis could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, A.C.J.
Douglas
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Andrei Marcus Davis
Clark County District Attorney
Eighth District Court Clerk