District Court Case No: A-18-779986-W
` Related Case C-17-322359-1
`
`
`Supreme Court Docket No: 90039
`
`
`
`
`
`
`Electronically Filed
`IN THE SUPREME COURT OF THE STATE OF NEVADA
`Apr 10 2025 01:42 PM
`Elizabeth A. Brown
`Clerk of Supreme Court
`
`vs.
`
`
`
`
`
`
`
`
`
`
`
`
`JOSEPH WAYNE JONES,
`
`
`Appellant(s),
`
`
`
`THE STATE OF NEVADA,
`
`
`Respondent(s),
`
`
`
`
`
` RECORD ON APPEAL
`
`VOLUME
`1
`
`
`
`
`
`
`
`
`ATTORNEY FOR APPELLANT
`JOSEPH W. JONES # 1260720,
`PROPER PERSON
`P.O. BOX 7000
`CARSON CITY, NV 89702
`
`ATTORNEY FOR RESPONDENT
`STEVEN B. WOLFSON,
`DISTRICT ATTORNEY
`200 LEWIS AVE.
`LAS VEGAS, NV 89155-2212
`
`Docket 90039 Document 2025-16190
`
`

`

`A-18-779986-W Joseph Jones, Plaintiff(s) vs. State of Nevada, Defendant(s)
`
`INDEX
`
`VOLUME:
`
`PAGE NUMBER:
`
`1
`
`OooaKRWND
`
`1 - 239
`
`240 - 478
`
`479-717
`
`718 - 956
`
`957 - 1195
`
`1196 - 1365
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
` 
`
` 
`
`3
`3
`1
`1
`1
`
`2
`2
`
`1
`
`2
`
`1
`2
`2
`2
`2
`5
`6
`1
`6
`
`1
`1
`
`5/22/2024
`5/22/2024
`4/23/2019
`4/23/2019
`4/23/2019
`
`Affidavit
`Affidavit
`Amended Case Appeal Statement
`Amended Notice of Appeal
`Amended Request for Transcript of
`Proceedings
`10/31/2023 Appeal from District Clark County Nevada
`10/31/2023 Appeal from District Court Clark County,
`Nevada
`10/31/2023 Appeal on with-draw Guilty Plea
`(Continued)
`10/31/2023 Appeal on with-draw Guilty Plea
`(Continuation)
`Case Appeal Statement
`Case Appeal Statement
`Case Appeal Statement
`Case Appeal Statement
`Case Appeal Statement
`Case Appeal Statement
`Case Appeal Statement
`Certificate of Re-Service
`Certification of Copy and Transmittal of
`Record
`Civil Order to Statistically Close Case
`Clerk's Notice of Nonconforming
`Document
`
`10/18/2023
`11/2/2023
`11/2/2023
`11/2/2023
`1/12/2024
`2/11/2025
`3/25/2025
`7/24/2019
`4/10/2025
`
`1/19/2021
`2/27/2023
`
`1 
`
`PAGE
`NUMBER:
`536 - 548
`549 - 574
`55 - 57
`58 - 59
`60 - 62
`
`261 - 319
`320 - 376
`
`198 - 239
`
`240 - 260
`
`196 - 197
`377 - 378
`379 - 380
`381 - 382
`466 - 467
`1089 - 1092
`1303 - 1306
`68 - 70
`
`
`77 - 79
`126 - 128
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
`4
`
`5
`
`5
`
`5
`
`5
`
`2
`5
`6
`6
`2
`5
`
`1
`
`5
`
`6
`
`4
`
`6/11/2024
`
`9/18/2024
`
`10/17/2024
`
`11/19/2024
`
`11/19/2024
`
`1/11/2024
`2/10/2025
`3/24/2025
`4/10/2025
`12/18/2023
`2/27/2025
`
`3/21/2019
`
`3/20/2025
`
`3/20/2025
`
`9/16/2024
`
`Clerk's Notice of Nonconforming
`Document
`Clerk's Notice of Nonconforming
`Document
`Clerk's Notice of Nonconforming
`Document
`Clerk's Notice of Nonconforming
`Document
`Clerk's Notice of Nonconforming
`Document
`Designation of Record on Appeal
`Designation of Record on Appeal
`Designation of Record on Appeal
`District Court Minutes
`Findings of Fact and Conclusions of Law
`Findings of Fact and Conclusions of Law
`Date of Hearing: January 14, 2025
`Findings of Fact, Conclusions of Law and
`Order
`Findings of Fact, Conclusions of Law, and
`Order Declaring Defendant a Vexatious
`Litigant (Continued)
`Findings of Fact, Conclusions of Law, and
`Order Declaring Defendant a Vexatious
`Litigant (Continuation)
`Habeas Corpus Supplement Arguing the
`Sentence is Higher Than What Was Agreed
`to (Continued)
`
`2 
`
` 
`
` 
`
`PAGE
`NUMBER:
`749 - 751
`
`991 - 996
`
`1051 - 1053
`
`1065 - 1067
`
`1068 - 1070
`
`465 - 465
`1087 - 1088
`1302 - 1302
`1317 - 1365
`454 - 457
`1168 - 1174
`
`29 - 39
`
`1183 - 1195
`
`1196 - 1299
`
`866 - 956
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
`5
`
`4
`
`1
`5
`
`5
`
`5
`
`5
`
`1
`
`5
`
`5
`
`9/16/2024
`
`8/26/2024
`
`Habeas Corpus Supplement Arguing the
`Sentence is Higher Than What Was Agreed
`to (Continuation)
`Habeas Corpus Writ Arguing the Sentence
`is Higher Than What is Agreed to.
`***SEALED PER MINUTE ORDER
`9/5/24***
`Information
`7/2/2023
`2/21/2025 Miscellaneous Filing - Motion to Show
`Cause why I should not be a Vexatious
`Litigant
`11/19/2024 Motion and Order for of Inmate for Court
`Appearance - In the Alternative, for
`Appearance by Telephone or Video
`Conference
`10/17/2024 Motion and Order for of Inmate for Court
`Appearance in the Alternative, for
`Appearance by Telephone or Video
`Conference
`12/11/2024 Motion and Order for of Inmate for Court
`Appearance, in the Alternative, for
`Appearance by Telephone or Video
`Conference
`3/29/2023 Motion and Order for Transportation of
`Inmate for Court Appearance or, in the
`Alternative, for Appearance by Telephone
`or Video Conference
`9/19/2024 Motion and Order for Transportation of
`Inmate for Court Appearance or, in the
`Alternative, for Appearance by Telephone
`or Video Conference
`9/19/2024 Motion and Order for Transportation of
`Inmate for Court Appearance or, in the
`
`3 
`
` 
`
` 
`
`PAGE
`NUMBER:
`957 - 985
`
`763 - 834
`
`145 - 186
`1093 - 1160
`
`1060 - 1062
`
`1044 - 1047
`
`1074 - 1078
`
`129 - 134
`
`998 - 1003
`
`1006 - 1009
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
` 
`
` 
`
`3
`
`4
`
`5
`
`5
`
`1
`
`1
`
`1
`
`4
`
`1
`1
`2
`5
`6
`1
`1
`
`6/7/2024
`
`6/7/2024
`
`Alternative, for Appearance by Telephone
`or Video Conference
`Motion for a Court Order to Order Attorney
`Thomas C. Michaelides, for a Fact Finding
`on the Following Issue's (Continued)
`Motion for a Court Order to Order Attorney
`Thomas C. Michaelides, for a Fact Finding
`on the Following Issue's (Continuation)
`9/18/2024 Motion for Appearance by Telephone and
`Video Conference
`11/19/2024 Motion for Leave to Hear All Pleadings in
`Absence
`8/27/2018 Motion to Place on Calendar to Supplement
`Defendant's Petition for Writ of Habeas
`Corpus (Post-Conviction)
`2/27/2023 Motion with Information for Hearing on 02-
`23-23 to Credits
`Nevada Supreme Court Clerk's
`Certificate/Remittitur Judgment - Affirmed
`Nevada Supreme Court Clerk's
`Certificate/Remittitur Judgment - Dismissed
`Notice of Appeal
`4/22/2019
`10/17/2023 Notice of Appeal
`1/11/2024
`Notice of Appeal
`2/10/2025
`Notice of Appeal
`3/24/2025
`Notice of Appeal
`4/4/2023
`Notice of Appearance
`Notice of Entry of Findings of Fact,
`3/25/2019
`Conclusions of Law and Order
`
`7/2/2020
`
`8/28/2024
`
`4 
`
`PAGE
`NUMBER:
`
`575 - 717
`
`718 - 748
`
`986 - 990
`
`1057 - 1059
`
`14 - 17
`
`120 - 124
`
`71 - 76
`
`835 - 838
`
`52 - 54
`187 - 195
`463 - 464
`1085 - 1086
`1300 - 1301
`140 - 141
`40 - 51
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
`2
`
`5
`
`1
`4
`5
`5
`5
`5
`5
`5
`5
`5
`4
`
`4
`
`1
`
`4
`
`1
`
`1
`
` 
`
` 
`
`2/28/2025
`
`9/4/2024
`
`1/3/2023
`
`8/28/2024
`
`12/22/2023 Notice of Entry of Findings of Fact,
`Conclusions of Law and Order
`Notice of Entry of Findings of Fact,
`Conclusions of Law and Order
`Notice of Hearing
`2/27/2023
`Notice of Hearing
`8/2/2024
`Notice of Hearing
`9/18/2024
`Notice of Hearing
`9/19/2024
`Notice of Hearing
`9/19/2024
`10/17/2024 Notice of Hearing
`11/19/2024 Notice of Hearing
`11/19/2024 Notice of Hearing
`12/11/2024 Notice of Hearing
`2/26/2025
`Notice of Hearing
`Opposition to Petition for Writ of Habeas
`8/30/2024
`Corpus (Post-Conviction)
`Order Following Hearing of May 4, 2023,
`Regarding Motion for Funds in Pro-Per
`Order for Petition for Writ of Habeas
`Corpus
`Order for Petition for Writ of Habeas
`Corpus
`Order for Production of Inmate Joseph
`Jones, BAC #1260720
`Order for Transportation of Inmate for
`Court Appearance or, in the Alternative, for
`Appearance by Telephone or Video
`Conference
`
`4/7/2023
`
`3/30/2023
`
`5 
`
`PAGE
`NUMBER:
`458 - 462
`
`1175 - 1182
`
`125 - 125
`762 - 762
`997 - 997
`1012 - 1012
`1013 - 1013
`1050 - 1050
`1063 - 1063
`1064 - 1064
`1079 - 1079
`1167 - 1167
`841 - 853
`
`854 - 865
`
`108 - 109
`
`839 - 840
`
`142 - 144
`
`137 - 139
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
`5
`
`5
`5
`
`2
`1
`
`1
`
`5
`
`5
`
`1
`
`1
`
`4
`
`1
`
`1
`
` 
`
` 
`
`1/14/2025
`1/14/2025
`
`11/8/2023
`8/24/2018
`
`12/29/2022
`
`2/25/2025
`
`10/22/2024 Order for Transportation of Inmate for
`Court Appearance or, in the Alternative, for
`Appearance by Telephone or Video
`Conference
`Order to Show Cause
`Order to Transport to Telephonic
`Appearance for Hearing
`Petition for Writ of Habeas Corpus
`Petition for Writ of Habeas Corpus (Post-
`Conviction)
`Petition for Writ of Habeas Corpus for
`Credit Against Sentence and Amended
`Judgment of Conviction
`Petitioner Making Arrangements for
`Appearance for Hearing Set on March 13,
`2025
`Reply to State Oppositioning Petition for
`Writ of Habeas Corpus (Post-Conviction)
`State's Response to Defendant's Petition for
`Writ of Habeas Corpus (Post-Conviction)
`State's Response to Defendant's Petition for
`Writ of Habeas Corpus (Post-Conviction)
`Supplemental Motion to Enforce Order for
`in Pro-Per Funds to be Issued
`Transcript of Hearing Held on February 14,
`2019
`12/30/2022 Unfiled Document(s) - Attorney Letter
`w/Copy of Unfiled Motion for Appointment
`of Counsel
`
`10/3/2024
`
`1/22/2019
`
`1/17/2023
`
`8/2/2024
`
`5/28/2019
`
`6 
`
`PAGE
`NUMBER:
`1054 - 1056
`
`1080 - 1082
`1083 - 1084
`
`383 - 453
`1 - 13
`
`80 - 95
`
`1161 - 1166
`
`1014 - 1043
`
`18 - 28
`
`110 - 119
`
`752 - 761
`
`63 - 67
`
`96 - 107
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
`2
`
`3
`
`6
`
`6
`
`5
`
`5
`
`1
`
`5
`
`5
`
` 
`
` 
`
`2/4/2024
`
`2/4/2024
`
`3/28/2025
`
`3/26/2025
`
`9/19/2024
`
`Unfiled Document(s) - Attorney Letter
`w/Copy of Unfiled Motion to Re-Send in
`Pro-Per Funds (Continued)
`Unfiled Document(s) - Attorney Letter
`w/Copy of Unfiled Motion to Re-Send in
`Pro-Per Funds (Continuation)
`Unfiled Document(s) - Returned Vexatious
`Memo w/Copy of Unfiled Motion for
`Appointment of Counsel
`Unfiled Document(s) - Unsigned Vexatious
`Memo w/Copy of Unfiled Motion for
`Appointment of Counsel
`Unsigned Document(s) - In the Alternative,
`for Appearance by Telephone or Video
`Conference
`11/19/2024 Unsigned Document(s) - Order for Inmate
`for Court Appearance or, in the Alternative,
`for Appearance by Telephone or Video
`Conference
`Unsigned Document(s) - Order for
`Transportation of Inmate for Court
`Appearance or, in the Alternative, for
`Appearance by Telephone or Video
`Conference
`Unsigned Document(s) - Order for
`Transportation of Inmate for Court
`Appearance or, in the Alternative, for
`Appearance by Telephone or Video
`Conference
`10/17/2024 Unsigned Document(s) - Order for
`Transportation of Inmate for Court
`Appearance or, in the Alternative, for
`
`3/29/2023
`
`9/19/2024
`
`7 
`
`PAGE
`NUMBER:
`468 - 478
`
`479 - 535
`
`1312 - 1316
`
`1307 - 1311
`
`1004 - 1005
`
`1071 - 1073
`
`135 - 136
`
`1010 - 1011
`
`1048 - 1049
`
`

`

`A-18-779986-W
`
`VOL
`
`DATE
`
` 
`
`
`
` 
`
`Joseph Jones, Plaintiff(s)
`vs.
`State of Nevada, Defendant(s)
`I N D E X
` 
`PLEADING
`
`Appearance by Telephone or Video
`Conference
`
`PAGE
`NUMBER:
`
`8 
`
`

`

`
`
`
`
` i
`
`t iEi::i ii e :
`
`—woofSNTDWHFSWw
`
`Electronically Filed
`8/24/2018 11:19 AM
`Steven D. Grierson
`CLERK OF THE CO
`
`Mink
`
`|
`
`|
`
`per
`
`AMANDA5. GREGORY,ESQ.
`Nevada Bar No. 11107
`GREGORY & WALDO
`324 S. 3Street, Suite 1
`Las Vegas, NV 89101
`Telephone: (702) 830-7925
`Facsimile: (702) 778-5007
`Email: asg@gregoryandwaldo.com
`Attomeys for Defendant
`JOSEPH WAYNE JONES
`
`DISTRICT COURT
`
`CLARK COUNTY NEVADA
`A-18-779986-W
`Case No.: €=47-322359=1-
`Dept. No.: 2X
`
`JOSEPH WAYNE JONES,
`
`Petitioner,
`
`VS.
`
`PETITION FOR WRIT OF HABEAS
`CORPUS (POST-CONVICTION)
`ee
`
`THE STATE OF NEVADA; DWIGH
`NEVEN,in his official capacity as the Warden| Hearing Date: 10-11-18
`of High Desert State Prison; and JAMES COX
`in his official capacity as Director of the
`Nevada Department of Correction,
`
`Time: 9:00am
`
`Respondents.
`
`1,
`
`Nameofthe institution and county in which you are presently imprisoned or
`
`where and how you are presently restrained of your liberty: Sentenced to Probation.
`
`2.
`
`Name and location of court which entered the judgment of conviction under
`
`attack: Eighth Judicial District Court, Clark County, Nevada.
`
`3,
`
`4.
`
`Date of Judgmentof Conviction: August29, 2017.
`
`Case number: C-17-322359-1.
`
`(a)
`
`Length of sentence:
`
`1
`Case Number: 4-18-779986-VW
`
`
`
`

`

`Probation with a fixed term of five yearsand a suspended sentence of 8-20
`
`(b)
`
`If sentence is death, state any date upon which execution 1s scheduled:
`
`years;
`
`N/A
`
`6.
`
`Are you presently serving a sentence for conviction other that the conviction
`
`underattack in this motion? No
`
`7.
`
`Nature of offense involved in conviction being challenged: Petitioner plead
`
`guilty to one Count of Obtaining and Using Personal Identifying Information of Another
`
`and One Count of Burglary pursuantto a Guilty Plea Agreement.
`8.
`What was yout plea? (Check one)
`
`(a} Not guilty
`
`(b) Guilty
`
`_X
`
`(ce) Guilty but mentally ill
`
`(d) Nolo contendere
`Ifyou entered a plea of guilty or guilty but mentally ill to one count ofan
`
`9,
`
`indictment or information, and a plea of not guilty to another count of an indictment or
`
`information,or if a plea of guilty or guilty but mentally ill was negotiated, give details:
`
`Petitioner plead guilty to one Count of Obtaining and Using Personal Identifying
`
`Information of Another and One Count of Burglary pursuant to a Guilty Plea Agreement
`
`whereby he was sentenced to probation with a fixed term of five years and a suspended
`
`sentence of 8-20 years,
`
`10,
`
`—«-[f you were found guilty after a plea of not guilty, was the finding made by:
`
`(Check one): N/A
`
`(a) Jury
`
`
`
`—OoC6sDGOUwFSWwWfl
`
`10
`
`lt
`
`12
`
`13
`
`14
`
`15
`
`16
`
`i i
`
`8
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`Oo8~FORtAFftwBoe
`
`pommhekfaeWwBweS&
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`(b) Judge without a jury
`
`Did youtestify at the trial? N/A
`
`Did you appeal from the judgment of conviction? No.
`
`Tf you did appeal, answerthe following: N/A
`
`11.
`
`12.
`
`13.
`
`(a} Name of Court:
`
`(b) Case numberorcitation:
`
`(c) Result:
`
`(d) Date of result:
`
`14.
`
`‘If you did not appeal, explain briefly why you did not: Petitioner had no
`
`groundsfor a direct appeal.
`
`15.
`
`Other than on direct appeal from the judgment of conviction and sentence, have
`
`you previously filed any petitions, applications, or motions with respect to this judgment in any
`
`court, state, or federal? No.
`
`16.
`
`‘If your answer to No. 15 was “yes,” give the following information: N/A
`
`(ay)
`
`Nameof court:
`
`(2)
`
`(3)
`
`(4)
`
`Nature of proceeding:
`
`Groundsraised:
`
`Did you receive an evidentiary hearing on your petition,
`
`application or motion:
`
`(S)
`
`(6)
`
`(7)
`
`Result:
`
`Date of result;
`
`If known,citations of any written opinion or date of orders
`
`entered pursuant to such result:
`
`amarante
`
`

`

`(c)
`
`As to any third or subsequent additional applications or motions, give the
`
`same information as above, list them on a separate sheet and attach. N/A
`
`(d)
`
`Did you appealto the highest state or federal court having jurisdiction,
`
`the result or action taken on any petition, application or motion?
`
`
`
`(1)_First petition, application or motion? No.
`
`
`
`OofoSYDHww&Wwhhre
`
`Citation or date of decision: N/A.
`(2)
`Second petition, applicationor motion?
`
`No.
`
`Citation or date of decision: N/A.
`
`(3)
`
`Third petition, application or motion?
`
`No.
`
`Citation or date of decision: N/A.
`
`{e)
`
`If you did not appeal from the adverse action on any petition, application
`
`or motion, explain briefly why you did not. (You mustrelate specific facts in responseto this
`
`question. Your response maybe included on paper whichis 8 % by 11 inches attachedto this
`
`petition. Your response may not exceed five handwritten or typewritten pages in length.): N/A.
`
`17.
`
`Has any ground beingraised in this petition been previously presented to this or
`
`any other court by way ofa petition for writ of habeas corpus, motion, application, or any other
`post-conviction proceeding? If so, identify:
`
`(a}
`
`(b)
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`(c)
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`Which of the groundsis the same: N/A.
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`The proceedings in which these grounds were raised: N/A.
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`Briefly explain why you are againraising these grounds. (You must
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`relate specific facts in response to this question. Your response may be included on paper
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`which is 8 % by 11 inches attached to this petition. Your response may not exceedfive
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`handwritten or typewritten pages in length.): N/A.
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`mMBeweNMNRNRDeRDEOSERESEReOeeSSewoWdfTOASFOUuwUhWNSUUmDUlUlUOlUUUYUG
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`16
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`18.
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`Any ofthe groundslisted in Nos. 23(a), (b), (c) and (d), or listed on any
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`additional pages you have attached, were not previously presented in any othercourt, state or
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`federal, list briefly what grounds were not so presented, and give your reasonsfor not
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`presenting them. (You mustrelate specific facts in response to this question. Your response
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`may be included on paper which is 8 % by 11 inches attachedto this petition, Your response
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`may not exceed five handwritten or typewritten pages in length.}: See Exhibit A for a list of
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`the grounds being raised in the instant petition. The grounds being raised are claims of
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`ineffective assistance of counsel, which are properly presented forthe first time during
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`post-conviction relief proceedings.
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`19.
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`Are youfiling this petition more than one year following the filing of the
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`judgment of conviction or the filing of a decision on direct appeal? If so, state briefly the
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`reasons for the delay. (You mustrelate specific facts in response to this question. Your
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`response may be included on paper which is 8 % by 11 inches attachedto this petition. Your
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`response may not exceed five handwritten or typewritten pages in length.): No.
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`20.
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`Do you have anypetition or appeal now pending in any court, eitherstate or
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`federal, as to the judgment underattack’? No,
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`21.
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`Give the nameof each attorney who represented youin the proceeding resulting
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`in your conviction and on direct appeal: Clark County Public Defender
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`22.
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`Did you have any future sentencesto serve after you complete the sentence
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`imposed by the judgment underattack? No.
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`23.
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`State concisely every ground on which you claim that you are being held
`
`unlawfully. Summarize briefly the facts supporting each ground, If necessary you may attach
`
`pages stating additional grounds and facts supporting same.
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`Supporting FACTS (Tell yourstory briefly without citing cases or law.): See Exhibit A.
`
`5
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`5
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`BMBo8BNMOBOOONmmmonwDOOo££wwNYSHOCFYeweHYHRWwFFYBHME3G
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`
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`(a)
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`Petitioner would respectfully raise issues as they become necessary.
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`Petitioner would respectfully request this Court allow the undersigned to
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`supplementthis Petition.
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`WHEREFORE,Petitioner prays that this Honorable Court allow Amanda Gregory, Esq.,
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`to Supplementthis Petition.
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`DATEDthis 24" day of August, 2018.
`
`GREGORY & WALDO
`
`/s‘Amanda Gregory
`Amanda 8. Gregory, Esq.
`Nevada Bar No, 11107
`324 §. 3 Street, Suite 1
`Las Vegas, NV 89101
`
`
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`EENeineenrupees
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`

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`VERIFICATION
`
`Underthe penalty of perjury, the undersigned declares that he is the retained counsel for
`the petitioner named in the foregoing Petition and knows the contents thereof; that the pleading
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`is true of his own knowledge, except as to those matters stated on information andbelief, and as
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`to such matters he believes them to be true.
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`Under penalty of perjury, the undersigned declares that the Petitioner authorized him to
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`commence this action.
`
`DATEDthis 24" day of August, 2018.
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`
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`
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`SUBSCRIBED AND SWORN to before me
`this 24 day of August, 2018.
`
`nJ. ~ VAL
`
`(
`
`f°
`Notary Public in and forsaid
`County and State
`
`BSO.
`
`AMANDA S. GREGORY,
`Cc
`| isaN NICOLEPETRILLO
`MY APPT. EXPIRES 03-28-2020
`
`We
`ye
`Se
`STATE OF NEVADA
`_ NOTARY PUBLIC
`ee) | APPT.NO. 16-2040
`|
`“agis-”
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`

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`—_—coC8SOOHOWw&WwWfb
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`CERTIFICATE OF SERVICE
`
`I hereby certify and affirm that on August 24, 2018,
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`this document was filed
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`electronically with the Nevada State District Court in Clark County, Nevada. Electronic service
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`of the foregoing document shall be made in accordance with the Master Service List as follows:
`
`STEVEN WOLFSON
`Clark County District Attorney
`200 Lewis Avenue
`Las Vegas, Nevada 89101
`PDMotions@clarkcountyda.com
`
`i hereby certify and affirm that on August 24, 2018, I mailed a copy of this document to
`counsel of record listed below. Postage prepaid and addressed to the following:
`
`ADAM LAXALT
`Nevada Attorney General
`100 N, Carson Street
`Carson City, Nevada 89701-4714
`Respondent
`
`By:
`
` 4s/ Amanda Gregor
`An employee of GREGORY & WALDO, LLC
`
`
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`

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`Oo8TDBHwnFBWBBom
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`EXHIBIT A
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`23.
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`State concisely every ground on which you claim that you are being held
`
`unlawfully. Summarize briefly the facts supporting each ground. If necessary you may attach
`
`pages stating additional grounds and facts supporting same.
`
`Supporting FACTS(Tell your story briefly without citing cases or law.):
`
`The Petitioner, by and through appointed counsel, hereby files this petition for writ of
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`habeas corpus pursuant to NRS 34.724. Petitioner alleges that, upon information and belief, he
`
`is being heid in custody in violation of the First, Fourth, Fifth, Sixth, Eighth and Fourteenth
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`Amendments of the Constitution of the United States of America, and Articles I and IV of the
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`Nevada Constitution. This timely post-conviction petition for a writ of habeas corpus now
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`follows. Mr. Jones requests full discovery rights and an evidentiary hearing. Mr. Jones also
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`requests leave of the Court to supplementthis petition.
`
`CLAIMS FOR RELIEF
`
`Claim I; Failure to Receive Effective Assistance of Counsel
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`Mr. Jones’ conviction is invalid under the federal and state constitutional guarantees of
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`due process, equal protection, and effective assistance of counsel due to his defense counsel’s
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`failure to protect his rights to a fair trial. U.S. Const. Amends. V, VI, and XIV; Nevada
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`NObhtybahotohohoNo=—_—_betbent—————ooJ]anunaaefotoaaa=SOosdonan&WwMe—Oo
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`Constitution Art. I.
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`Supporting Facts
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`Upon information and belief, Mr. Jones’ trial counsel failed to provide effective
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`assistance of counsel by:
`
`1} Failure to Investigate.
`
`Trial counsel failed to conduct any investigation regarding the case against Jones and his
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`defense. Under Strickland, defense counsel has a duty “to make every reasonable investigation
`
`9
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`9
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`—OooFSNOHOUO&WwWft
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`or to make a reasonable decision that makes particular investigations unnecessary.” 466 US.
`
`668. Trial counsel must, at a minimum, conduct a reasonable investigation enabling him to
`
`make informed decisions about how to best represent his client. Phillips v. Woodford, 267 F.3d
`
`966, 978 (9"" Cir. 2002). Pretrial investigation is a critical area in any criminal case and failure
`
`to accomplish the same has been held to constitute ineffective assistance of counsel,
`
`Ineffectiveness is generally clear in the context of complete failure to investigate because
`
`counsel can hardly be said to have made a strategic choice against pursuing a certain line of
`
`investigation when s/he has not yet obtained the facts on which such a decision could be made.
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`See Strickland, 466 U.S. at 690-91,
`
`2) Failure to ensure plea was freely and voluntarily given.
`
`A defendant who pleads guilty upon the advice of counsel may attack the validity of the
`
`guilty plea by showing that he received ineffective assistance of counsel under the Sixth
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`Amendment to the United States Constitution.” Molina, 120 Nev. at 190 (2004). To establish
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`prejudice in the context of a challenge to a guilty plea based upon an assertion of ineffective
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`assistance of counsel, a defendant must “demonstrate a reasonable probability that, but for
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`counsel's errors, he would not have pleaded guilty and would have insisted on goingtotrial.”Id.
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`When a guilty plea is accepted,
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`the record should affirmatively show:
`
`(1) “[a]n
`
`understanding waiver of constitutional rights and privileges”; (2) the “fa]bsence of coercion by
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`threat or promise of leniency”; (3) an “[u]nderstanding of consequencesof the plea, the range of
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`punishments”; and (4) “[a]n understanding of the charge, the elements of the offense.” Ifa plea
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`entered is the product of coercion, it will be set aside. A plea of guilty must be the result of an
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`informed and voluntary decision, not the product of coercion.
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`Mr.Jones claims that he was coerced into entering a plea by his attorneys. They never
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`investigated his case or discussed potential defenses or claims with him.
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`Jones also provided
`
`10
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`
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`his attorney with vital information regarding his defense and his deal. Counsel did not follow
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`up with or verify any of the information provided.
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`These allegations clearly call into question whether Mr. Jones freely and voluntarily
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`entered into his plea. Mr. Jonesfelt that he was being coerced by his attorney to plead guilty.
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`Trial counsel’s performance fell below an objective standard by failing to discuss
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`potential defenses and to look into all information provided by Mr. Jones. Had trial counsel
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`been willing to explore potential defenses and discuss fighting the case with Jones, the outcome
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`of the case would likely have been different. See Strickland, 446 U.S. 668, Powell, 122 Nev.
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`751 Means, 120 Nev. 1001, and Kirksey, 112 Nev. 980.
`
`3) Failure to communicate
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`An attorney's duties to current and former clients are governed by the Nevada Rules of
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`Professional Conduct (hereinafter “RPC”). The Nevada RPC reflect a professional consensus of
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`the standards of care below which an attomey's conduct should notfall. See, Mainor v. Nault,
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`120 Nev. 750, 769, 101 P.3d 308, 321 (2004), As such, a violation of the Nevada RPC is
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`relevant to the standard of care an attorney oweshis or herclient. Id. Nevada RPC 1.4 states in
`
`pertinent part:
`
`(a) A lawyershall:
`(1} promptly inform the client of any decision or circumstance
`with respect to whichthe client's informed consent, as defined in
`Rule 1.0(e), is required by these Rules;
`(2) reasonably consult with the client about the means by which
`the client's objectives are to be accomplished...
`(b) A lawyer shall explain a matter to the extent reasonably necessary
`to permit
`the client
`to make informed decisions regarding the
`representation.
`
`Nevada RPC 8.4 states in pertinent part:
`
`It is professional misconduct for a lawyer to:
`(a) violate or attempt to violate the Rules of Professional Conduct...
`(c} engage in conduct
`involving dishonesty,
`fraud, deceit, or
`misrepresentation
`
`jl
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`11
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`Jones had minimal conversation with counsel prior to entering his plea, and was never
`
`informed of his potential defenses or sentence ranges were he to proceed to trial on the case.
`Jones provided counsel with much information for sentencing and his deal, all of which counsel
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`never followed up on.
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`Trial counsel’s performancefell below an objective standard of reasonableness when he
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`failed to communicate with the client. Had the case been discussed with Jones, the outcome of
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`the proceedings would have likely beendifferent, and he would not have enteredinto a guilty
`
`
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`plea. See Strickland, 446 U.S. 668, Powell, 122 Nev. 751 Means, 120 Nev. 1001, and Kirksey,
`
`
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`ey)senmarresTsEneESA
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`Oo©ADRAWFwBe
`ARIERASEEMIOHATESMSSOROTDEE
`
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`112 Nev. 980.
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`4) Ineffectiveness during sentencing.
`
`The United States Supreme Court has recognized that the Sixth Amendment right to
`counsel includes the right to “the effective assistance of counsel”during the sentencingphase of
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`criminal proceedings. Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 2063, 80
`
`L.Ed.2d 674 (1984) (citing McMann v. Richardson, 397 U.S. 759, 771, n. 14, 90 §.Ct. 1441,
`
`1449, n. 14, 25 L.Ed.2d 763 (1970)). Accordingly, when a district court finds that a petitioner
`
`for a writ of habeas corpus had ineffective assistance of counsel at sentencing,the district court
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`should grant the petition and vacate the sentence. Weaver v. Warden, Nevada State Prison, 107
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`Nev. 856, 858-59, 822 P.2d 112, 114 (1991). Even though sentencing does not concern the
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`defendant's guilt or innocence, ineffective assistance of counsel during a sentencing hearing can
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`result
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`in Strickland prejudice because “any amount of [additional] jail
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`time has Sixth
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`Amendment significance.” Glover, 531 at 203; See also, Lafler_v. Cooper, 132 8. Ct. 1376,
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`1385-86, 182 L. Ed. 2d 398 (2012).
`
`Sentencing which takes place without the effective
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`MNNMfjbMBODOBOmemPRPPRRRBSBSFGSEBAAaAaEuBRSKSs
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`assistance of counsel is in violation of the sixth and fourteenth amendments to the United States
`
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`Constitution, and is therefore infirm. Weaver, 107 Nev. at 858.
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`In the current situation, Petitioner was not provided effective assistance of counsel at the
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`sentencing phase of his case due to counsel’s failure to communicate with Petitioner regarding
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`his sentencing proceeding and failure to investigate into circumstances surrounding Petitioner’s
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`deal and his PSI. Petitioner notified counsel of several PSI issues, all of which counsel never
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`investigated or corrected.
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`Trial counsel’s performance fell below an objective standard of reasonableness at
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`sentencing. Had counsel obtained adequate documentation and properly advised the court of
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`Jones’
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`situation,
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`the outcome of the proceeding would have likely been different. See
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`
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`Strickland, 446 U.S. 668, Powell, 122 Nev. 751, Means, 120 Nev. 1001, and Kirksey, 112 Nev.
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`980.
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`Justification for Raising Issue in Post-Conviction Proceeding:
`
`Ineffective assistanceoftrial counselfor failure to raise the aforementioned issues and
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`denial! of fundamental constitutional rights,
`
`DATEDthis 24" day of August, 2018.
`
`GREGORY & WALDO |
`
`13
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`13
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`{s/AmandaGregory
`
`Amanda§. Gregory, Esq.
`Nevada Bar No. 11107
`1701 W. Charleston Bivd., Suite 600Las
`Vegas, Nevada 89102
`
`
`
`
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`
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`SrarsipaenareneeRriencerermnperrreoeenemenor
`
`§
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`

`

`26
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`Electronically Filed
`8/27/2018 4:44 PM
`Steven D. Grierson
`CLERK OF THE CO
`
`Abinwh.
`
`MOT
`
`AMANDA8. GREGORY,ESQ.
`Nevada Bar No. 11107
`JENNIFER M. WALDO,ESQ.
`Nevada Bar No. 11900
`GREGORY & WALDO, LLC
`324 §. 3Street, Suite |
`Las Vegas, NV 89101
`Telephone: (702) 830-7925
`Facsimile: (702) 294-0231
`Email: asg@gregoryandwaldo.com
`Attomeys for Defendant
`JOSEPH WAYNE JONES
`
`DISTRICT COURT
`
`CLARK COUNTY NEVADA
`
`THE STATE OF NEVADA,
`
`Plaintiff,
`
`Case No.: A-18-779986-W
`Dept. No.: XX
`
`
`
`
`
`vs.
`
`JOSEPH WAYNEJONES.
`
`Defendant.
`
`MOTION TO PLACE ON CALENDER TO
`SUPPLEMENT DEFENDANT’S
`PETITION FOR WRIT OF HABEAS
`CORPUS (POST-CONVICTION)
`
`COMESNOW,the defendant, JOSEPH JONES, by and through his attorney, AMAND
`
`5S. GREGORY, ESQ. of GREGORY & WALDO, LLC, and hereby requests that the above-entitle
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`matter be placed on the Court’s calendar for the purposes of setting a briefing schedule for th
`
`filmg of Mr, Jones’ Supplemental Bricf in support of his Petition for Writ of Habeas Corpus (Post
`
`Conviction).
`
`MOTION TO PLACE GN CALENDER TO SUPPLEMENT DEFENDANT’S PETITION FOR WRIT OF
`HABEAS CORPUS (POST-CONVICTION)} - 1
`
`14
`Case Number: 4-18-779986-VW
`
`

`

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`This motion is made and based on pleadings and papers on file herein, as well as any ora
`
`arguments of counsel adducedat the time of hearing.
`
`DATEDthis 27" day of August, 2018.
`
`GREGORY & WALDO, LLC
`
`/s/Amanda Gregory
`Amanda 8. Gregory, Esq.
`Nevada Bar No. 11107
`324 S. 3Street, Suite 1
`Las Vegas, NV 89101
`
`NOTICE OF MOTION
`
`TO:
`
`STEVEN WOLFSON, DISTRICT ATTORNEY CLARK COUNTY, NEVADA,
`
`MOTION TO PLACE ON CALENDER TO SUPPLEMENT DEFENDANT’S
`
`PETITION FOR WRIT OF HABEAS CORPUS (POST-CONVICTION)will be heard on
`8:30am
`the 18"" day of September 2018 at-9-06-a.m./p.m. in Department XX.
`
`MEMORANDUM OF POINTS AND AUTHORITIES
`
`During post-conviction proceedings, a Petitioner may raise claimsin his initial petition
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`and,if the district court appoints post-conviction counsel, in a supplement. See NRS 34.724(1);
`
`See also NRS 34.750(3). By statute, the district court has discretion to allow a Petitionertofile
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`multiple supplemental pleadings if necessary. See NRS 34.740(5). In fact, the district court can
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`allow a Petitioner to raise “new claims even as late as the evidentiary hearing on the petition.”
`
`
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`State v. Powell, 122 Nev. 751, 758, 138 P.3d 453, 458 (2006) (citing Barnhart v. State, 122 Nev.
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`301, 303, 130 P.3d 650, 651-52 (2006)). Not only are Petitioners allowed to supplement the
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`initial petition, but the Nevada Supreme Court has i