Ellingson (Bradley) v. State
Ellingson (Bradley) v. State
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
BRADLEY ELLINGSON, No. 71907 Petitioner, VS. THE STATE OF NEVADA, Respondent. FILED JAN 1 2 2017 ELIZABETH A. BROWN CLERK 02 514PREME COURT BY y DEPUTY CLERIC
ORDER DENYING PETITION This petition appears to seek a writ of mandamus related to a pending criminal prosecution.' To the extent that petitioner seeks relief from his guilty plea, he has an adequate remedy at law either through an appeal from the judgment of conviction entered after sentencing, see NRS 177.015, or a postconviction petition for a writ of habeas corpus, see NRS 34.720, 34.724(1). 2 We therefore conclude that a writ of mandamus is not proper. See NRS 34.170 (providing that writ of mandamus is proper only when there is no plain, adequate, and speedy legal remedy); NRS 34.724(2) (providing that postconviction habeas petition takes the place of all other remedies for challenging validity of a conviction or sentence, aside from a direct appeal and remedies that are incident to the trial court 'Petitioner has not provided an appendix as required by NRAP 21(a)(4).
2We express no opinion as to whether petitioner can meet the requirements for filing a timely notice of appeal or comply with the procedural requirements for a petition filed under NRS chapter 34.
SUPREME COURT OF NEVADA (0) 1947A e 17-01222- proceedings); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ("Mlle right to appeal is generally an adequate legal remedy that precludes writ relief."). Accordingly, we ORDER the petition DENIED.
J.
Pickering
cc: Hon. Steven L. Dobrescu, District Judge White Pine County Public Defender Bradley Ellingson Attorney General/Carson City White Pine County District Attorney White Pine County Clerk
SUPREME COURT OF NEVADA (0) 1947A
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