MITCHELL KEITH GOODRUM v. THE STATE OF NEVADA (2023)

ORDER OF REVERSAL AND REMAND

Mitchell Keith Goodrum appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 1, 2021, an amended petition filed on March 12, 2021, a second amended petition filed on May 17, 2021, and a supplemental petition filed on January 20, 2022. Tenth Judicial District Court, Churchill County; Robert E. Estes, Senior Judge.

After a review of the record, it appeared that there may have been a jurisdictional defect because the March 7, 2022, order purportedly denying Goodrum's petition, amended petitions, and supplement did not resolve all of the claims raised below. Specifically, the order did not address the claims raised in Goodrum's petition, amended petition, and second amended petition. However, the petition and second amended petition were not in the record. Therefore, this court directed Goodrum's counsel to file a supplemental appendix including these documents. The supplemental appendix was filed on December 19, 2022.

After reviewing the supplemental appendix, we conclude that the district court's order was a final order because the second amended petition and the supplemental petition incorporated the previous petitions’ claims by reference and the district court's order specifically denied the second amended petition and supplemental petition. However, we conclude the district court erred because its final order did not contain specific findings of fact and conclusions of law as to all of the claims raised in Goodrum's petition, amended petition, second amended petition, and supplemental petition. See NRS 34.830(1); NRAP 4(b)(5)(B). Accordingly, we reverse the decision of the district court and remand this case to the district court to enter an order that resolves all of Goodrum's claims raised in the four pleadings and that contains specific findings of fact and conclusions of law as to those claims. Therefore, we

ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

Gibbons, C.J.

Bulla, J.

Westbrook, J.

cc: Hon. Robert E. Estes, Senior Judge

Karla K. Butko

Attorney General/Carson City

Churchill County District Attorney/Fallon

Churchill County Clerk