Opinion
No. 75438 No. 75512
05-22-2018
VORNELIUS JAMAL PHILLIPS, Petitioner, v. THE STATE OF NEVADA, Respondent. VORNELIUS JAMAL PHILLIPS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITIONS
In these petitions for a writ of mandamus and accompanying documents, Vornelius Jamal Phillips seeks to withdraw his guilty plea and requests his sentence be vacated. We have considered the petitions and all documents filed, and without deciding upon the merits of any claims raised, we decline to exercise our original jurisdiction in this matter. See NRS 34.160; NRAP 21(b)(1); 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."). A postconviction petition for a writ of habeas corpus filed in the district court is "the exclusive remedy for a challenge to the validity of the guilty plea made after sentencing for persons in custody on the conviction being challenged." Harris v. Sate, 130 Nev. 435, 448, 329 P.3d 619, 628 (2014). Accordingly, we
We express no opinion as to whether Phillips could meet the procedural requirements of NRS chapter 34. --------
ORDER the petitions DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Vornelius Jamal Phillips
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk