MICHAEL RAY KNIGHT v. THE STATE OF NEVADA (2023)

ORDER OF AFFIRMANCE

Michael Ray Knight appeals from an order of the district court dismissing a “petition for writ of habeas corpus (not a postconviction writ)” filed on July 14, 2022. Second Judicial District Court, Washoe County; Connie J. Steinheimer, Judge.

In his petition, Knight sought relief pursuant to NRS 34.360 and NRS 34.500(2) and claimed that changes to the habitual criminal statute warranted his discharge from prison. Knight's claim was not cognizable in a petition for a writ of habeas corpus because Knight was lawfully confined pursuant to a valid judgment of conviction. See NRS 34.360.

And because the Legislature gave no indication in the text of NRS 207.010 that it intended to apply the amended statute retroactively to persons in Knight's situation, see 2019 Nev. Stat., ch. 633, § 86, at 4441-42, no event has transpired that entitles Knight to discharge, see NRS 34.500(2); State v. Second Judicial Dist. Court (Pullin), 124 Nev. 564, 567, 188 P.3d 1079, 1081 (2008) (providing that the proper penalty is the one in effect at the time of the commission of the offense unless the Legislature “clearly expresses its intent to apply a law retroactively”). Therefore, we conclude the district court did not err by dismissing Knight's petition. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.