Nevada Supreme Court, 2017

Richardson (Lorne) v. State

Richardson (Lorne) v. State
Nevada Supreme Court · Decided November 3, 2017

Richardson (Lorne) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LORNE DOUGLAS RICHARDSON, No. 72135 A/K/A JEFFREY JAMES BRAWLEY, Appellant, vs. FILED THE STATE OF NEVADA, Respondent. NOV 0 3 2017 ELIZABETH A. BROWN CLERK OF SUPREME COURT BY . g DEPUTY et CtE hi litr,

ORDER VACATING AND REMANDING This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Richard Scotti, Judge.

Appellant Lorne Douglas Richardson argues that the credits he has earned pursuant to NRS 209.4465 must be applied to his parole eligibility as provided in NRS 209.4465(7)(b) (1997). In denying Richardson's petition, the district court concluded that his claim was not cognizable in a postconviction petition for a writ of habeas corpus. This court recently held to the contrary in Williams v. State, 133 Nev., Adv. Op. 75, P.3d (2017).' The district court therefore must consider the

1 Having considered Richardson's pro se brief and given our decision in Williams, we conclude that a response is not necessary. NRAP 46A(c).

This appeal therefore has been submitted for decision based on the pro se brief and the record. See NRAP 34(0(3).

SUPREME COURT OF NEVADA (0) 1947A petition on the merits, consistent with our decision in Williams. 2 Because the district court did not have the benefit of our decision in Williams, we ORDER the judgment of the district court VACATED AND REMAND this matter for the district court to reconsider its decision in light of Williams.

/ Hardesty Otatanin 414G4.-0 J.

Parraguirre Stiglich

cc: Hon. Richard Scotti, District Judge Lorne Douglas Richardson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

2 The court cannot grant Richardson relief on any sentences that he has already discharged or appeared before the parole board. Williams, 133 Nev., Adv. Op. 75 at 10 n.7.

SUPREME COURT OF NEVADA (0) 1947A ..(4R13r9

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