District Court Case No: A-32-834054-W
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`Electronically Filed
`Mar 27 2025 02:10 PM
`Elizabeth A. Brown
`Clerk of Supreme Court
`IN THE EIGHTH JUDICIAL DISTRICT COURT OF THE
`STATE OF NEVADA IN AND FOR
`THE COUNTY OF CLARK
`
`Plaintiff(s),
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`vs.
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`Defendant(s).
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`MALIK KENDRICK,
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`WILLIAM GITTERE, WARDEN,
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`NOTICE OF APPEAL PACKET
`COVER SHEET
`
`Docket 90367 Document 2025-13958
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`

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`
`NOASC
`Rene L. Valladares
`Federal Public Defender
`Nevada State Bar No. 11479
`Shelly Richter
`Assistant Federal Public Defender
`Nevada State Bar No. 16352C
`411 E. Bonneville, Ste. 250
`Las Vegas, Nevada 89101
`(702) 388-6577
`(702) 388-6419 (Fax)
`Shelly_Richter@fd.org
`
`Attorney for Petitioner Malik Kendrick
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`v.
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`EIGHTH JUDICIAL DISTRICT COURT
`CLARK COUNTY
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`
`Case No. A-21-834054-W
`Dept. No. 12
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`Notice of Appeal
`
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`Petitioner,
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`
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`Malik Kendrick,
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`
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`Ronald Oliver, Warden, Southern Desert
`Correctional Center; James Dzurenda,
`Director, Nevada Department of
`Corrections; and Aaron Ford, Nevada
`Attorney General,
`
`
`
`
`
`Respondents.
`
`Case Number: A-21-834054-W
`
`Electronically Filed
`
`3/26/2025 11:51 AM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
`
`

`

`
`
`NOTICE OF APPEAL
`Notice is hereby given that Petitioner Malik Kendrick appeals to the Nevada
`
`Supreme Court from the Order Denying Petition for Writ of Habeas Corpus entered
`in this action on February 28, 2025. The Notice of Entry of Decision or Order was
`filed March 3, 2025.
`
`Dated March 26, 2025.
`
`Respectfully submitted,
`
`Rene L. Valladares
`Federal Public Defender
`
`/s/ Shelly Richter
`Shelly Richter
`Assistant Federal Public Defender
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`CERTIFICATE OF SERVICE
`I hereby certify that on March 26, 2025, I electronically filed the foregoing
`
`with the Clerk of the Eighth Judicial District Court by using the Court’s electronic
`filing system.
`
`Participants in the case who are registered users in the electronic filing
`system will be served by the system and include: Steven Wolfson,
`Steven.Wolfson@clarkcountydanv.gov, Motions@clarkcountydanv.gov, Alexander
`Chen, Alexander.Chen@clarkcountydanv.gov.
`
`I further certify that some of the participants in the case are not registered
`electronic filing system users. I have mailed the foregoing document by First-Class
`Mail, potage pre-paid, or have dispatched it to a third-party commercial carrier for
`delivery within three calendars days, to the following person:
`
`
`
`
`Malik Kendrick
`No. 1212707
`Southern Desert Correctional Center
`P.O. Box 208
`Indian Springs, NV 89070
`
`
`
`Gerri L. Hardcastle
`Office of the Attorney General
`100 North Carson Street
`Carson City, NV 89701-4717
`
`
`/s/ Mayra Castillo
`An Employee of the Federal Public
`Defender, District of Nevada
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`ASTA
`Rene L. Valladares
`Federal Public Defender
`Nevada State Bar No. 11479
`*Shelly Richter
`Assistant Federal Public Defender
`Nevada State Bar No. 16352C
`411 E. Bonneville, Ste. 250
`Las Vegas, Nevada 89101
`(702) 388-6577
`(702) 388-6419 (Fax)
`Shelly_Richter@fd.org
`
`
`Attorney for Petitioner Malik Kendrick
`
`
`
`EIGHTH JUDICIAL DISTRICT COURT
`CLARK COUNTY
`
`
`Case No. A-21-834054-W
`Dept. No. 12
`
`
`Petitioner,
`
`
`
`v.
`
`Malik Kendrick,
`
`
`
`
`
`Ronald Oliver, Warden, Southern Desert
`Correctional Center; James Dzurenda,
`Director, Nevada Department of
`Corrections; and Aaron Ford, Nevada
`Attorney General,
`
`
`
`
`
`
`Respondents.
`
`CASE APPEAL STATEMENT
`
`
`
`1.
`Kendrick
`
`Name of petitioner filing this case appeal statement: Malik
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`Case Number: A-21-834054-W
`
`Electronically Filed
`
`3/26/2025 11:51 AM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
`
`

`

`
`
`Identify the judge issuing the order appealed from: Hon.
`2.
`Michelle Leavitt, District Court Judge, Dept. 12, Eighth Judicial District Court,
`Clark County, Nevada.
`3.
`Identify each appellant and the name and address of counsel
`for each appellant: Appellant Malik Kendrick represented by Shelly Richter,
`Assistant Federal Public Defender, Federal Public Defender—District of Nevada,
`411 E. Bonneville Avenue, Suite 250, Las Vegas, NV 89101.
`4.
`Identify each respondent and the name and address of
`appellate counsel, if known, for each respondent: Respondents are Ronald
`Oliver, Warden, Southern Desert Correctional Center; James Dzurenda, Director,
`Nevada Department of Corrections; and Aaron Ford, Nevada Attorney General.
`They are represented by Chief Deputy District Attorney Alexander Chen, Clark
`County District Attorney’s Office, 200 Lewis Avenue, Las Vegas, NV 89101.
`5.
`Indicate whether any attorney identified above in response to
`question 3 or 4 is not licensed to practice law in Nevada and, if so, whether
`the district court granted that attorney permission to appear under SCR
`42. N/A
`6. Whether petitioner/appellant was represented by appointed or
`retained counsel in the district court: Mr. Kendrick was represented in the
`district court by counsel previously appointed to represent him in a related federal
`matter.
`7. Whether petitioner/appellant is represented by appointed or
`retained counsel on appeal: Mr. Kendrick is represented on appeal by counsel
`previously appointed to represent him in a related federal matter.
`8. Whether petitioner/appellant was granted leave to proceed in
`forma pauperis, and the date of entry of the district court order granting
`such leave: Mr. Kendrick was represented in district court, on direct appeal, and
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`on initial state post-conviction by appointed counsel. The federal court determined
`Mr. Kendrick was indigent and appointed counsel on his behalf in a related federal
`case.
`
`9.
`Date proceedings commenced in the district court (e.g., date
`complaint, indictment, information or petition was filed): 3/18/2024.
`10. Provide a brief description of the nature of the action and
`result in the district court, including the type of judgment or order being
`appealed and the relief granted by the district court: This is an appeal of an
`order dismissing Petitioner’s Petition for Writ of Habeas Corpus (Post-Conviction).
`11.
`Indicate whether the case has previously been the subject of an
`appeal to or original writ proceeding in the Supreme Court or Court of
`Appeals and, if so, the caption and docket number of the prior proceeding:
`Kendrick v. State, Case No. 78352 (Nev. May 20, 2020)
`Kendrick v. State, Case No. 84823-COA (Nev. Ct. App. Feb. 21, 2023)
`12.
`Indicate whether this appeal involves child custody or
`visitation: N/A
`//
`//
`//
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`13.
`If this is a civil case, indicate whether this appeal involves the
`possibility of settlement: N/A
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`Dated March 26, 2025
`
`Respectfully submitted,
`
`Rene L. Valladares
`Federal Public Defender
`
`/s/ Shelly Richter
`Shelly Richter
`Assistant Federal Public Defender
`
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`CERTIFICATE OF SERVICE
`I hereby certify that on March 26, 2025, I electronically filed the foregoing
`
`with the Clerk of the Eighth Judicial District Court by using the Court’s electronic
`filing system.
`
`Participants in the case who are registered users in the electronic filing
`system will be served by the system and include: Steven Wolfson,
`Steven.Wolfson@clarkcountydanv.gov, Motions@clarkcountydanv.gov, Alexander
`Chen, Alexander.Chen@clarkcountydanv.gov.
`
`I further certify that some of the participants in the case are not registered
`electronic filing system users. I have mailed the foregoing document by First-Class
`Mail, potage pre-paid, or have dispatched it to a third-party commercial carrier for
`delivery within three calendars days, to the following person:
`
`
`
`
`Malik Kendrick
`No. 1212707
`Southern Desert Correctional Center
`P.O. Box 208
`Indian Springs, NV 89070
`
`
`
`Gerri L. Hardcastle
`Office of the Attorney General
`100 North Carson Street
`Carson City, NV 89701-4717
`
`
`/s/ Mayra Castillo
`An Employee of the Federal Public
`Defender, District of Nevada
`
`
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`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-834054-W
`
`Location: Department 12
`Judicial Officer: Leavitt, Michelle
`Filed on: 05/04/2021
`A834054
`Cross-Reference Case
`Number:
`Supreme Court No.: 84823
`
`§§§§§§
`
`CASE INFORMATION
`
`Malik Kendrick, Plaintiff(s)
`vs.
`William Gittere, Warden, Defendant(s)
`
`Related Cases
`C-17-326105-1 (Writ Related Case)
`Statistical Closures
`05/09/2022 Other Manner of Disposition
`
`Case Type: Writ of Habeas Corpus
`Case
`Status: 05/09/2022 Closed
`
`DATE
`
`CASE ASSIGNMENT
`
`Current Case Assignment
`Case Number
`Court
`Date Assigned
`Judicial Officer
`
`A-21-834054-W
`Department 12
`05/04/2021
`Leavitt, Michelle
`
`PARTY INFORMATION
`
`Plaintiff
`
`Kendrick, Malik
`
`Defendant
`
`William Gittere, Warden
`
`DATE
`
`05/04/2021
`
`05/04/2021
`
`05/04/2021
`
`05/04/2021
`
`05/10/2021
`
`EVENTS & ORDERS OF THE COURT
`
`EVENTS
`Inmate Filed - Petition for Writ of Habeas Corpus
`Party: Plaintiff Kendrick, Malik
`[1] Post Conviction
`
`Motion for Appointment of Attorney
`Filed By: Plaintiff Kendrick, Malik
`[2] Motion for Appointment of Attorney and Request for Evidentiary Hearing
`
`Application to Proceed in Forma Pauperis
`Filed By: Plaintiff Kendrick, Malik
`[3]
`
`Affidavit in Support of Application Proceed Forma Pauperis
`Filed By: Plaintiff Kendrick, Malik
`[4]
`
`Order for Petition for Writ of Habeas Corpus
`[5] Order for Petition for Writ of Habeas Corpus
`
`Valladares, Rene L.
`Retained
`702-388-6577(W)
`Chen, Alexander G.
`Retained
`702-671-2500(W)
`
`INDEX
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`PAGE 1 OF 5
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`Printed on 03/27/2025 at 8:59 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-834054-W
`
`Response
`[6] State's Response to Petitioner's Motion to Appoint Counsel
`
`Order
`Filed By: Plaintiff Kendrick, Malik
`[7] Order Granting Motion for Appointment of Counsel
`
`Ex Parte Order
`Filed By: Plaintiff Kendrick, Malik
`[8] Ex Parte Order for Transcript at State's Expense
`
`Supplement
`Filed by: Plaintiff Kendrick, Malik
`[9] Supplement to Petition for Writ of Habeas Corpus (Post-Conviction)
`
`Order for Production of Inmate
`[10] Order for Production of Inmate
`
`Response
`[11] State's Return to Petition for Writ of Habeas Corpus
`
`Findings of Fact, Conclusions of Law and Order
`Filed By: Plaintiff Kendrick, Malik
`[12] Findings of Fact, Conclusions of Law and Order
`
`Notice of Entry of Findings of Fact, Conclusions of Law
`[13] Notice of Entry of Findings of Fact, Conclusions of Law and Order
`
`Notice of Appeal (Criminal)
`Party: Plaintiff Kendrick, Malik
`[14] Notice of Appeal
`
`Request
`Filed by: Plaintiff Kendrick, Malik
`[15] Request for Transcripts Pursuant to NRAP 9(a)(3)
`
`Case Appeal Statement
`Filed By: Plaintiff Kendrick, Malik
`[16] Case Appeal Statement
`
`Recorders Transcript of Hearing
`[17] Recorders Transcript of Hearing Hearing, April 19, 2022
`
`NV Supreme Court Clerks Certificate/Judgment - Affirmed
`[18] Nevada Supreme Court Clerk's Certificate/Remittitur Judgment - Affirmed
`
`Withdrawal of Attorney
`Filed by: Plaintiff Kendrick, Malik
`[19] Notice of Withdrawal of Attorney Pursuant to Supreme Court Rule 46
`
`05/17/2021
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`05/21/2021
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`10/04/2021
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`01/18/2022
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`02/01/2022
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`02/25/2022
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`05/09/2022
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`05/12/2022
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`05/31/2022
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`05/31/2022
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`05/31/2022
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`06/02/2022
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`03/21/2023
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`03/27/2023
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`08/30/2023
`
`Court Recorders Invoice for Transcript
`[20]
`
`PAGE 2 OF 5
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`Printed on 03/27/2025 at 8:59 AM
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-834054-W
`Recorders Transcript of Hearing
`[21] Recorder's Transcript of Proceedings, Motion for Appointment of Counsel, May 20, 2021
`
`Recorders Transcript of Hearing
`[22] Recorder's Transcript of Proceedings, Status Check: Set Briefing Schedule, July 22, 2021
`
`Notice of Appearance
`Party: Plaintiff Kendrick, Malik
`[23] Notice of Appearance
`
`Petition for Writ of Habeas Corpus
`Filed by: Plaintiff Kendrick, Malik
`[24] Petition for Writ of Habeas Corpus (Post-Conviction)
`
`Exhibits
`Filed By: Plaintiff Kendrick, Malik
`[25] INDEX OF EXHIBITS IN SUPPORT OF PETITION FOR WRIT OF HABEAS CORPUS
`(POST-CONVICTION)
`
`Motion to Seal/Redact Records
`Filed By: Plaintiff Kendrick, Malik
`[26] Motion for Leave to File Exhibit Under Seal
`
`Filed Under Seal
`Filed By: Plaintiff Kendrick, Malik
`[27] (Sealed per Minute Order 05/02/2024) INDEX OF SEALED EXHIBITS IN SUPPORT OF
`PETITION FOR WRIT OF HABEAS CORPUS (POST-CONVICTION)
`
`Clerk's Notice of Hearing
`[28] Notice of Hearing
`
`Response
`Filed by: Defendant William Gittere, Warden
`[29] States Response To Defendant's Petition For Writ Of Habeas Corpus
`
`Reply in Support
`Filed By: Plaintiff Kendrick, Malik
`[30] Reply In Support Of Petition For Writ Of Habeas Corpus (Post-Conviction)
`
`Notice of Appearance
`Party: Plaintiff Kendrick, Malik
`[31] Notice of Appearance
`
`Stipulation and Order
`[32] Stipulation and Order
`
`Order for Production of Inmate
`[33] Order for Production of Inmate Malik Kendrick, BAC #1212707
`
`Court Recorders Invoice for Transcript
`[34]
`
`09/06/2023
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`09/06/2023
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`03/18/2024
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`03/18/2024
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`03/18/2024
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`03/18/2024
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`03/18/2024
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`03/25/2024
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`04/25/2024
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`05/01/2024
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`05/08/2024
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`06/12/2024
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`06/20/2024
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`12/30/2024
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`01/07/2025
`
`Recorders Transcript of Hearing
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`PAGE 3 OF 5
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`Printed on 03/27/2025 at 8:59 AM
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`

`

`01/07/2025
`
`02/28/2025
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`03/03/2025
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`03/26/2025
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`03/26/2025
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`05/20/2021
`
`07/01/2021
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`07/22/2021
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`04/19/2022
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`05/02/2024
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-834054-W
`[35] Recorder's Transcript of Proceedings, Petition for Writ of Habeas Corpus (Post-
`Conviction) and Plaintiff's Motion for Leave to File Exhibits Under Seal, May 2, 2024
`
`Recorders Transcript of Hearing
`[36] Recorder's Transcript of Proceedings, Petition for Writ of Habeas Corpus (Post-
`Conviction) and Plaintiff's Motion for Leave to File Exhibits Under Seal, December 13, 2024
`
`Findings of Fact, Conclusions of Law and Order
`[37] Findings of Fact, Conclusions of Law, and Order
`
`Notice of Entry of Findings of Fact, Conclusions of Law
`[38] Notice of Entry of Findings of Fact, Conclusions of Law and Order
`
`Notice of Appeal (Criminal)
`Party: Plaintiff Kendrick, Malik
`[39] Notice of Appeal
`
`Case Appeal Statement
`Filed By: Plaintiff Kendrick, Malik
`[40] Case Appeal Statement
`HEARINGS
`Motion for Appointment of Attorney (12:30 PM) (Judicial Officer: Leavitt, Michelle)
`Counsel Confirmed;
`Journal Entry Details:
`Petitioner not present. COURT ORDERED, Request to Appoint Counsel GRANTED; Mr.
`Resch APPOINTED and Mr. Resch to prepare the Order. ;
`
`CANCELED Petition for Writ of Habeas Corpus (12:30 PM) (Judicial Officer: Leavitt,
`Michelle)
`Vacated - per Judge
`
`Status Check (11:00 AM) (Judicial Officer: Leavitt, Michelle)
`Status Check: Set Briefing Schedule
`Briefing Schedule Set;
`Journal Entry Details:
`COURT ORDERED, Defense Opening Brief due 01/18/22; State Reply Due 03/01/22; hearing
`RESCHEDULED. At request of Mr. Resch, Court directed Mr. Resch to file a Motion, if he
`needs more time to file a Reply. 04/12/22 HEARING;
`
`Hearing (12:00 PM) (Judicial Officer: Leavitt, Michelle)
`Denied;
`Journal Entry Details:
`Following arguments by counsel, COURT ORDERED, Petition DENIED; State to prepare the
`Order.;
`
`Petition for Writ of Habeas Corpus (8:30 AM) (Judicial Officer: Leavitt, Michelle)
`05/02/2024, 12/13/2024
`Petition for Writ of Habeas Corpus (Post-Conviction)
`Matter Continued;
`Denied;
`Matter Continued;
`Denied;
`
`05/02/2024
`
`Motion to Seal/Redact Records (8:30 AM) (Judicial Officer: Leavitt, Michelle)
`Plaintiff's Motion for Leave to File Exhibits Under Seal
`Matter Heard;
`
`PAGE 4 OF 5
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`Printed on 03/27/2025 at 8:59 AM
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-834054-W
`
`05/02/2024
`
`07/12/2024
`
`12/13/2024
`
`12/13/2024
`
`All Pending Motions (8:30 AM) (Judicial Officer: Leavitt, Michelle)
`Matter Heard;
`Journal Entry Details:
`PETITION FOR WRIT OF HABEAS CORPUS (POST-CONVICTION)...PLAINTIFF'S
`MOTION FOR LEAVE TO FILE EXHIBITS UNDER SEAL Counsel placed arguments on
`record. COURT ORDERED, Petition CONTINUED and matter SET for Evidentiary Hearing
`on expert witness issue. There being no objection by Mr. Chen, COURT FURTHER
`ORDERED, Exhibit 5 is hereby SEALED. 07/12/2024 10:30 AM EVIDENTIARY HEARING
`CLERK'S NOTE: Subsequent to Court, Court clarified exhibit 5 was filed on 03/18/24, which
`is to be permanently sealed. hvp/5/2/24;
`
`CANCELED Petition for Writ of Habeas Corpus (10:30 AM) (Judicial Officer: Leavitt,
`Michelle)
`Vacated - Set in Error
`Petition for Writ of Habeas Corpus (Post-Conviction)
`
`Evidentiary Hearing (10:00 AM) (Judicial Officer: Leavitt, Michelle)
`MINUTES
`Matter Heard;
`SCHEDULED HEARINGS
`All Pending Motions (12/13/2024 at 10:00 AM) (Judicial Officer: Leavitt, Michelle)
`
`All Pending Motions (10:00 AM) (Judicial Officer: Leavitt, Michelle)
`Matter Heard;
`Journal Entry Details:
`EVIDENTIARY HEARING ... PETITION FOR WRIT OF HABEAS CORPUS (POST
`CONVICTION) Upon Court's inquiry, Ms. Richter noted as to exhibits 1-36, they reached an
`agreement with the State to admitting all of them. COURT ORDERED, exhibits 1 - 36 were
`STIPULATED and ADMITTED. Witness, Michael Salyards, SWORN and TESTIFIED. Court
`RECESSED. Court RESUMED. Closing arguments by Ms. Richter. Closing arguments by Mr.
`Chen. COURT FURTHER ORDERED, it would issue a minute order; matter taken UNDER
`ADVISEMENT. ;
`
`DATE
`
`FINANCIAL INFORMATION
`
`Plaintiff Kendrick, Malik
`Total Charges
`Total Payments and Credits
`Balance Due as of 3/27/2025
`
`353.40
`353.40
`0.00
`
`PAGE 5 OF 5
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`Printed on 03/27/2025 at 8:59 AM
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`

`

`DISTRICT COURT CIVIL COVER SHEET
`
`Case No. __.
`
`____County, Nevada
`
`A-21-834054-W
`Dept. 12
`
`(Assigned by Clerk's Office)
`T. Party Information (provide both home andmailing addresses ifdifferent)
`Plaintiff(s) (name/address/phone):
`Malik Kendrick
`
`Defendant(s) (name/address/phone):
`William Guttere, Warden
`
`
`
`
`
`
`
`Attorney (name/address/phone):
`Attorney (name/address/phone):
`
`
`
`
`
`
`
`
`
`II. Nature of Controversy (pleaseselect the one mostapplicable filing type below)
`Civil Case Filing Types
`Real Property
`Landlord/Tenant
`[_Juntawful Detainer
`C]Other Landlord/Tenant
`Title to Property
`[Judicial Foreclosure
`[_Jother Title to Property
`Other Real Property
`CT]Condemnation/Eminent Domain
`[_Jother Real Property
`Probate
`Probate (select case type andestate value)
`[_]Summary Administration
`("|General Administration
`C]Special Administration
`[set Aside
`[_]Trust/Conservatorship
`[_Jother Probate
`Estate Value
`[_]over $200,000
`[Between $100,000 and $200,000
`[“Junder $100,000 or Unknown
`[_]under $2,500
`
`Civil Writ
`OtherCivil Filing
`Other Civil Filing
`[_]Compromise ofMinor's Claim
`["]Foreign Judgment
`[_Jother Civil Matters
`Business Courtfilings should befiled using the Business Court civil coversheet.
`PREPARED B
`May4, 2021
`Date
`
`
`Torts
`Other Torts
`[_]Product Liability
`C]Intentional Misconduct
`[_Employment Tort
`[_]insurance Tort
`[_Jother Tort
`
`Negligence
`[Auto
`[_]Premises Liability
`[_Jother Negligence
`Malpractice
`[_]Medical/Dental
`C]Legal
`[_]Accounting
`[_]other Malpractice
`Construction Defect & Contract
`Construction Defect
`[|chapter 40
`[other Construction Defect
`Contract Case
`[_]Uniform Commercial Code
`[_]Building and Construction
`[_]Insurance Carrier
`C] Commercial Instrument
`[_|cottection ofAccounts
`[_]Employment Contract
`[_]other Contract
`
`
`
`Judicial Review/Appeal
`Judicial Review
`[_]Forectosure Mediation Case
`[_]Petition to Seal Records
`[_]Mental Competency
`Nevada State Agency Appeal
`[_]Department ofMotor Vehicle
`[_]Worker's Compensation
`[_Jother Nevada State Agency
`Appeal Other
`[_]Appeal from Lower Court
`[_]other Judicial Review/Appeal
`
`Civil Writ
`[mlwrit ofHabeas Corpus
`[writ ofMandamus
`[]writ ofQuo Warrant
`
`[writ ofProhibition
`[other Civil Writ
`
`See other sideforfamily-related casefilings.
`
`Nevada AOC - Research Statistics Unit
`Pursuant to NRS 3.275
`
`Form PA 201
`Rev 3.1
`
`Signature ofinitiating party or representative
`
`

`

`DISTRICT COURT CIVIL COVER SHEET
`(cid:38)(cid:79)(cid:68)(cid:85)(cid:78)
`County, Nevada
`Case No.
`
`(Assigned by Clerk's Office)
`I. Party Information (provide both home and mailing addresses if different)
`Plaintiff(s) (name/address/phone):
`Malik Kendrick (#1212707)
`
`Defendant(s) (name/address/phone):
`Ronald Oliver, James Dzurenda, and Aaron Ford
`
`Attorney (name/address/phone):
`Clark County District Attorney
`200 Lewis Ave., 3rd Floor, Las Vegas NV 89155 (702) 671-2500
`cc: Gerri Hardcastle, Deputy Attorney General
`100 N. Carson St., Carson City, NV 89071
`
`Attorney (name/address/phone):
`
`Shelly Richter
`Assistant Federal Public Defender
`411 E. Bonneville Ave., Suite 250, Las Vegas, NV 89101
`(702) 388-6577
`II. Nature of Controversy (please select the one most applicable filing type below)
`Civil Case Filing Types
`Real Property
`Landlord/Tenant
`Unlawful Detainer
`Other Landlord/Tenant
`Title to Property
`Judicial Foreclosure
`Other Title to Property
`Other Real Property
`Condemnation/Eminent Domain
`Other Real Property
`Probate
`Probate (select case type and estate value)
`Summary Administration
`General Administration
`Special Administration
`Set Aside
`Trust/Conservatorship
`Other Probate
`Estate Value
`Over $200,000
`Between $100,000 and $200,000
`Under $100,000 or Unknown
`Under $2,500
`
`Negligence
`Auto
`Premises Liability
`Other Negligence
`Malpractice
`Medical/Dental
`Legal
`Accounting
`Other Malpractice
`Construction Defect & Contract
`Construction Defect
`Chapter 40
`Other Construction Defect
`Contract Case
`Uniform Commercial Code
`Building and Construction
`Insurance Carrier
`Commercial Instrument
`Collection of Accounts
`Employment Contract
`Other Contract
`
`Torts
`Other Torts
`Product Liability
`Intentional Misconduct
`Employment Tort
`Insurance Tort
`Other Tort
`
`Judicial Review/Appeal
`Judicial Review
`Foreclosure Mediation Case
`Petition to Seal Records
`Mental Competency
`Nevada State Agency Appeal
`Department of Motor Vehicle
`Worker's Compensation
`Other Nevada State Agency
`Appeal Other
`Appeal from Lower Court
`Other Judicial Review/Appeal
`
`Civil Writ
`Writ of Habeas Corpus
`Writ of Mandamus
`Writ of Quo Warrant
`
`3/18/2024
`
`Date
`
`Civil Writ
`
`Other Civil Filing
`Other Civil Filing
`Compromise of Minor's Claim
`Foreign Judgment
`Other Civil Matters
`Business Court filings should be filed using the Business Court civil coversheet.
`siness CoCoCoCoCoCoCoCoCC urt civil c
`
`Writ of Prohibition
`Other Civil Writ
`
`Signature of initiating party or representative
`SiSiSiSiSiSiSiSiSigngngngngngngngnnatatatatatatatature of initiati
`
`See other side for family-related case filings.
`
`Nevada AOC - Research Statistics Unit
`Pursuant to NRS 3.275
`
`Form PA 201
`Rev 3.1
`
`Case Number: A-21-834054-W
`
`CASE NO: A-21-834054-W
`
`Department 12
`
`

`

`
`ORDR
`
`
`
`DISTRICT COURT
`CLARK COUNTY, NEVADA
`
`Petitioner,
`
`vs.
`
`
`)
`MALIK KENDRICK,
`)
`
`)
`
`)
`
`)
`)
`
`)
`RONALD OLIVER, WARDEN, SOUTHERN
`)
`DESERT CORRECTIONAL CENTER;
`)
`JAMES DZURENDA, DIRECTOR,
`)
`NEVADA DEPARTMENT OF
`)
`)
`CORRECTIONS; and
`)
`AARON FORD, NEVADA ATTORNEY
`)
`GENERAL,
`)
`)
`
`
`
`
`
`
`
`Case No.: A-21-834054-W
`
`DEPT. No.: XII
`
` Respondents.
`
`
`FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
`
`Hearing Date: December 13, 2024
`Time of Hearing: 10:00 a.m.
`
`
`
`This MATTER having come on for hearing before the Honorable Judge Michelle
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`Leavitt, District Judge, on the 13th day of December, 2024, Petitioner being present, and
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`represented by Shelly Richter, Esq., Federal Public Defender, the Respondent being
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`represented by Steven B. Wolfson, Clark County
`
`District Attorney, by and through Alex Chen, Esq., Chief Deputy District Attorney, and the
`
`court having considered the matter, including arguments of counsel, briefs, transcripts,
`
`documents, and witness testimony on file herein, the court makes the following Findings of
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`Fact and Conclusions of Law.
`
`
`
`1.
`
`The State of Nevada charged Malik Kendrick (“Petitioner”) by way of Grand
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`Jury Indictment as follows: Count 1-Murder with Use of a Deadly Weapon (Category A
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`Felony-NRS 200.010, 200.030, 193.165), Count 2-Attempt Murder with Use of a Deadly
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`Weapon (Category B Felony-NRS 200.010, 200.030, 193.330, 193.165), and Count 3-
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`Battery With Use of a Deadly Weapon Resulting in Substantial Bodily Harm (Category B
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`Electronically Filed
`02/28/2025 4:17 PM
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`Felony-NRS 200.481). Petitioner entered a plea of Not Guilty to the Indictment and the
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`matter proceeded to trial on September 4, 2018.
`
`
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`2.
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` Petitioner asked the court to allow him to hire private counsel on the first day
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`of trial. The court declined the request as Petitioner failed to retain private counsel prior to
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`the first day of trial. Petitioner’s appointed attorneys represented they were ready to proceed
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`with trial, and therefore, the court proceeded with trial.
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`3.
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`4.
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`The jury returned guilty verdicts for all three counts in the Indictment.
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`Thereafter, petitioner filed a Motion for New Trial arguing the court
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`improperly admitted into evidence recorded jail calls during the State’s rebuttal case.
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`
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`5.
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` On January 22, 2019, the court denied the Motion for New Trial and set the
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`matter for sentencing.
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`
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`6.
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`On February 20, 2019, the court adjudicated petitioner guilty and imposed an
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`aggregate sentence of Life in the Nevada Department of Corrections with the possibility of
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`parole after a minimum of thirty six (36) years.
`
`
`
`7.
`
`The court entered the Judgment of Conviction on February22, 2019, and an
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`Amended Judgment of Conviction on February 26, 2019.
`
`
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`8.
`
`Petitioner filed a Notice of Appeal to the Nevada Supreme Court on March 11,
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`2019. Thereafter, the court affirmed the judgment of conviction and in doing so indicated
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`the evidence of guilt in this matter to be overwhelming. The court stated:
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`Nevertheless, we further conclude that the error is harmless given the
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`overwhelming evidence presented at trial-Kendrick’s motive and
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`opportunity to kill the victim, Kendrick’s inconsistent statements and
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`actions when questioned by law enforcement, surveillance videos, and
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`items used during the crimes matching those found in Kendrick’s vehicle.
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`(See State v. Malik Kendrick, ORDER OF AFFIRMANCE, May 20, 2020).
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`9.
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`The court denied rehearing on July 1, 2020, and thereafter petitioner sought en
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`banc reconsideration. The Court denied En Banc Reconsideration on September 11, 2020.
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`(See Order Denying En Banc Reconsideration, No. 78352, filed September 11, 2020).
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`10.
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` Remittitur issued on October 8, 2020.
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`11.
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`Petitioner filed his first Petition for Writ of Habeas Corpus (Post-
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`Conviction) on May 4, 2021. The court appointed counsel to represent petitioner and
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`thereafter he filed a Supplemental petition on January 18, 2022.
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`
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`12. On May 9, 2022, the court filed Findings of Fact and Conclusions of Law
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`denying the Petition for Writ of Habeas Corpus (Post-Conviction). Petitioner filed a Notice
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`of Appeal of the District Court’s denial of his Petition for Writ of Habeas Corpus (Post-
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`Conviction).
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`
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`13. On March 21, 2023, the Nevada Supreme Court affirmed the denial of
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`Petitioner’s first Petition for Writ of Habeas Corpus (Post-Conviction).
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`
`
`
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`14.
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`Petitioner filed a second Petition for Writ of Habeas Corpus (Post-Conviction)
`
`on March 18, 2024 with the assistance of the Federal Public Defender. The instant petition
`
`is untimely as it was filed more than three years after the Remittitur issued from the
`
`judgment of conviction on October 8, 2020. It is also a successive petition as petitioner filed
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`a previous petition. Absent good cause and actual prejudice, the petition must be denied as
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`procedurally barred. See NRS 34.726; NRS 34.810. Petitioner contends the instant petition
`
`is only nominally procedurally barred, and that he can overcome those bars through a
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`showing of good cause and prejudice. (See Petition, pg. 13)
`
`
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`15.
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`The court, after reviewing the petition, ordered an evidentiary hearing as to
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`petitioner’s ineffective assistance of counsel claim. Specifically the court ordered an
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`evidentiary hearing on petitioner’s claim his trial counsel failed to object to inadmissible
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`forensic testimony, or to vigorously cross-examine Kathy Geil about the limitations of
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`firearms and toolmark identification. (See Petition pg. 31).
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`16.
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`The court conducted the evidentiary hearing on December 13, 2024. Petitioner
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`called one witness, Michael J. Salyards, who offered an opinion that “there are some
`
`problems with the AFTE theory of identification and the way it’s written, that there are some
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`challenges with the error rate studies currently and back at the time of trial, and that there are
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`some anomalies in this case work that could contribute to a higher false positive rate.” (See
`
`Transcript of proceedings on Petition for Writ of Habeas Corpus (Post-Conviction) and
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`Plaintiff’s Motion for Leave to File Exhibits under Seal, December 13, 2024, pg.6).
`
`CONCLUSIONS OF LAW
`
`
`
`1.
`
`The instant petition is untimely as it was filed more than three years after the
`
`Supreme Court issued the remittitur affirming the judgment of conviction. The mandatory
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`provision of NRS 34.726(1) states:
`
`
`
`
`
`
`
`
`
`
`
`Unless there is good cause shown for the delay, a petition that
`
`
`
`challenges the validity of a judgment or sentence must be filed
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`within 1 year after entry of judgment of conviction or, if an
`
`
`
`
`
`
`
`appeal has been taken from the judgment, within 1 year after the
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`Supreme Court issues its remittitur.
`
`
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`The statutory rules regarding procedural default are mandatory, and cannot be ignored
`
`when properly raised. State v. Dist. Court (Riker), 121 Nev. 225, 233, 112 P.3d 1070, 1075
`
`(2005). The District Court is without discretion when applying the statutory procedural
`
`rules. Therefore, absent good cause and prejudice, the court must dismiss the petition. See
`
`NRS 34.726(1); NRS 34.810(2), (3).
`
`
`
`2.
`
`In the instant matter, Petitioner had until October 8, 2021 to file a timely
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`Petition for Writ of Habeas Corpus (Post-Conviction). He did not file the instant petition
`
`until March 18, 2024, more than three years after the Supreme Court issued its Remittitur
`
`affirming the Judgment of Conviction on October 8, 2020. Therefore, it is untimely.
`
`
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`3.
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` Petitioner attempts to demonstrate good cause by alleging ineffective
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`assistance of post- conviction counsel. However, in Nevada the Supreme Court has refused
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`to recognize the right to effective assistance of post-conviction counsel in non-capital cases.
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`Brown v. McDaniel, 130 Nev. 565, 332 P.3d 867 (2014). The Court stated, “We have
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`consistently held that the ineffective assistance of post-conviction counsel in a noncapital
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`case may not constitute ‘good cause’ to excuse procedural defaults.’” Id. at 568, 332 P.3d at
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`870. The court reasoned there is no constitutional or statutory right to the assistance of
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`counsel in noncapital post-conviction proceedings, and “[w]here there is no right to counsel
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`there can be no deprivation of effective assistance of counsel.” Id. at 569, 332 p.3d at 870,
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`(citing Mckauge v. Warden, 112 Nev. 159, 164-65, 912 P.2d 255, 258 (1996)).
`
`
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`Petitioner contends the Supreme Court wrongly decided Brown in light of the United
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`States Supreme Court decision in Martinez v. Ryan, 566 U.S. 1,132 S.Ct. 1309 (2012).
`
`Petitioner intends to ask the Supreme Court to revisit the Brown decision and overrule its
`
`prior ruling. However, this court is requi