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Douglas Joseph HERICH, Petitioner, v. The FIFTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF NYE, Respondent, The State of Nevada; and Nye County Sheriff's Office, Sharon Wehrly, Real Parties in Interest.
ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS
This is an original pro se postconviction petition for a writ of habeas corpus in which petitioner alleges ineffective assistance of trial counsel and makes arguments relating to the merits of his criminal conviction.
A challenge to a judgment of conviction must be raised in a postconviction petition for a writ of habeas corpus filed in the district court in the first instance. See NRS 34.724; NRS 34.738; NRAP 22. Therefore, without deciding the merits of the claims raised herein, we determine that our intervention is not warranted, see NRAP 21(b); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (“Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted.”). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 79731
Decided: October 28, 2019
Court: Supreme Court of Nevada.
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