Nevada Supreme Court, 2021

Brooks (Kevin) Vs. Dist. Ct. (State)

Brooks (Kevin) Vs. Dist. Ct. (State)
Nevada Supreme Court · Decided February 18, 2021

Brooks (Kevin) Vs. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KEVIN BROOKS, A/K/A RALPH KEVIN No. 82404 CLARK, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF FEB 1 8 2021 CLARK, EUZABETH A. BROINN Respondent, CLERK 0 suPRems COURT BY and DEPUTY CLERK THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

In this original pro se petition for a writ of habeas corpus petitioner contends that this court should apply recent amendments to NRS 207.010 and remove his habitual criminal sentencing enhancements.

Having considered the petition, we are not persuaded that writ relief is warranted because petitioner has a plain, speedy, and adequate remedy available to him by way of an appeal from the district court's denial of such relief in the first instance. See NRAP 22 (An application for an original writ of habeas corpus should be made to the appropriate district court. If an application is made to the district court and denied, the proper remedy is by appeal from the district court's order denying the writ."); see also Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (writ relief is proper only when there is no plain, speedy, and adequate remedy at law and the petitioner bears the burden of demonstrating that writ relief is warranted). Accordingly, we ORDER the petition DENIED.

, C.J.

Hardesty ca) kb-L6A,AD , J.

Parraguirre Silver

cc: Kevin Brooks Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(0) 1947A 411010

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