From Casetext: Smarter Legal Research

Monroe v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 14, 2015
No. 66661 (Nev. App. Apr. 14, 2015)

Opinion

No. 66661

04-14-2015

DAIMON MONROE, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is an appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.

This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

In his petition filed on July 13, 2014, appellant Daimon Monroe claimed that counsel was ineffective for failing to investigate, or introduce as evidence at trial, a conspiracy against Monroe regarding a search warrant. Monroe failed to support this claim with specific facts that, if true, would entitle him to relief. Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Therefore, the district court did not err in denying this claim.

Monroe's remaining claims were not properly raised in his post-conviction petition for a writ of habeas corpus because the claims were previously raised on direct appeal from his judgment of conviction, could have been raised on direct appeal from his judgment of conviction, or do not relate to this case. See NRS 34.724(2)(a); NRS 34.810(l)(b); Hall v. State, 91 Nev. 314, 315-16, 535 P.2d 797, 798-99 (1975). Therefore, the district court did not err in denying these claims, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver
cc: Hon. Douglas W. Herndon, District Judge

Daimon Monroe

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Monroe v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 14, 2015
No. 66661 (Nev. App. Apr. 14, 2015)
Case details for

Monroe v. State

Case Details

Full title:DAIMON MONROE, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 14, 2015

Citations

No. 66661 (Nev. App. Apr. 14, 2015)

Citing Cases

Monroe v. State

See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Monroe v. State, Docket No. 66661 (Order of Affirmance,…