VERNON ERNEST MARTIN v. THE STATE OF NEVADA (2023)

ORDER GRANTING PETITION

This original pro se petition for a writ of mandamus or prohibition challenges a district court order striking petitioner's postconviction habeas petition, and related motion for the appointment of counsel, as fugitive documents.

This court ordered an answer in which the State conceded that the documents were stricken in error. The State requested “that this Court order the district court to strike that portion of its Order Resolving Motions related to Martin's post-conviction petition, including his Motion for Appointment of Counsel, and reinstate those pleadings.”

Accordingly, the petition is granted and we direct the clerk of the court to issue a writ directing the district court to vacate that portion of its March 2, 2023, order striking petitioner's postconviction habeas petition filed on December 5, 2022, and petitioner's application for the appointment of counsel filed on December 9, 2022, and reinstate those pleadings.

It is so ORDERED.

Stiglich, C.J.

Cadish, J.

Herndon, J.