Pressler (Tony) Vs. Dist. Ct. (State)
Pressler (Tony) Vs. Dist. Ct. (State)
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
TONY ALLEN PRESSLER, No. 81878 Petitioner, vs. THE FOURTH JUDICIAL DISTRICT FILED COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ELKO, OCT 2 8 2020 Respondent, A. BROWN PREME COURT and THE STATE OF NEVADA, CLERK Real Party in Interest.
ORDER DENYING PETITION FOR A WRIT OF CORAM NOBIS
In this original pro se petition for a writ of error coram nobis, petitioner alleges several instances of ineffective assistance of trial and appellate counsel.
Having considered the petition, we deny the requested relief.
The coram nobis remedy is limited in scope and not properly invoked here.
Trujillo v. State, 129 Nev. 706, 716-19, 310 P.3d 594, 601-02 (2013) (recognizing that corarn nobis is a discretionary writ and observing that its application is restricted to persons who are no longer in custody but seek to challenge a judgrnent of conviction in order to address a limited scope of factual errors, when those errors were material to the validity and regularity of the decision and would have precluded the judgment of conviction's entry had they been known).
Petitioner's basis for seeking relief is not cognizable on coram nobis review, as he does not allege that he is challenging a judgment of SUPREME COURT OF NEVADA (0) 1947A 4410a —?>eviri tivaikratrageas conviction, pursuant to which he is no longer in custody, nor do his claims address factual errors material to the validity and regularity of the judgment of conviction. Id. Accordingly, we ORDER the petition DENIED.
C.J.
J.
Hardesty
cc: Tony Allen Pressler Attorney General/Carson City Elko County District Attorney Elko County Clerk
SUPREME COURT OF NEVADA
(0) 1947A <4141g4. 2 rr
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