District Court Case No: A-21-831333-W
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`Electronically Filed
`Apr 23 2025 09:13 AM
`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
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`Plaintiff(s),
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`vs.
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`Defendant(s).
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`CARLTON BURNETT,
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`
`
`WILLIAM HUTCHINGS, WARDEN;
`AARON FORD, ATTORNEY GENERAL;
`STEVEN B. WOLFSON, CLARK
`COUNTY DISTRICT ATTORNEY;
`STATE OF NEVADA,
`
`
`
`
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`
`
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`
`
`NOTICE OF APPEAL PACKET
`COVER SHEET
`
`Docket 90513 Document 2025-18118
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`

`

`. ln Propna Personam
`Post,Office Box 108, S.D C.C.
`'tn{ian Spnngs, )levada 89018
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`[\ TEE 6/A
`JI]DICIAL DITITRICT COIIRT OF THE STATE OF NEVAIA
`INANDFORTEECOUNTYOF (LTIBK
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`Defendant.
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`Ca,eNo.fuL-fi03?'a
`Dept. No. /d
`Docket
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`NOTICE OF'APPEAI,
`NOTICE IS FIEREBY GIVEN, That the PetitionerlDefendan!
`, in and tluough his proper person, hereby
`appeals to the Supreme Court ofNevada from the ORDER denying andlor
`dismissing the
`
`ruled on the 3 day ot f 7
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`Case Number: A-21-831333-W
`
`Electronically Filed
`
`4/21/2025 2:33 PM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
`
`

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`
`
`ASTA
`District Court Case No: A-21-831333-W
`
`Dept No: X
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`
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`IN THE EIGHTH JUDICIAL DISTRICT COURT OF THE
`STATE OF NEVADA IN AND FOR
`THE COUNTY OF CLARK
`
`
`
`
`
`
`
`
`
`
`
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`CARLTON BURNETT,
`
`
`
`
`
`WILLIAM HUTCHING, WARDEN;
`AARON FORD, ATTORNEY GENERAL;
`STEVEN B. WOLFSON, CLARK
`COUNTY DISTRICT ATTORNEY;
`STATE OF NEVADA,
`
`
`
`
`Plaintiff(s),
`
`
`
`vs.
`
`
`
`Defendant(s),
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`
`
`CASE APPEAL STATEMENT
`
`1. Name of appellant(s) filing this case appeal statement:
` Carlton Burnett
`
`
`2. Identify the judge issuing the decision, judgment or order appealed from:
` Tierra Jones
`
`3. Identify each appellant and the name and address of counsel for each appellant.
`If an appellant(s) is self-represented, identify the name and address of
`appellant(s):
`
`
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`Carlton Burnett
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`rev 08/2024
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`Case Number: A-21-831333-W
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`Electronically Filed
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`4/22/2025 1:41 PM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
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`

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`Carlton Burnett #1198518
`P.O. Box 208
`Indian Springs, NV 89070
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`4. Identify each respondent and the name and address of appellate counsel, if
`known, for each respondent (if the name of a respondent’s appellate counsel is
`unknown, indicate as much and provide the name and address of that
`respondent’s trial counsel). For self-represented respondents, identify the name
`and address of each respondent:
`
`William Hutching, Warden; Aaron Ford, Attorney
`General; Steven B. Wolfson, Clark County District
`Attorney; State of Nevada
`
`Steven B. Wolfson, District Attorney
`200 Lewis Ave.
`
`Las Vegas, NV 89155-2212
`
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`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
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`6. If appellant was represented by counsel in the District Court, indicate whether
`counsel was
` appointed or
` retained or
` N/A
`
` appointed or
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`7. If appellant is represented by counsel on appeal, is counsel
`retained or
` N/A
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`8. Has appellant been granted leave to proceed informa pauperis?
`
`
` Yes: identify the date of entry of the District Court order granting such leave:
`March 23, 2021 (copy of order to follow by mail)
`**Expires 1 year from date filed
`
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` No: Has appellant filed an application to proceed in forma pauperis?
` No.
` Yes: identify date the application was filed:
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`If application was denied, indicate date of order denying:
`(copy of order to follow by mail.)
`
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`9. Indicate the date the proceedings commenced in the District Court (e.g., date
`complaint, indictment, information, or petition was filed): March 18, 2021
`
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`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: Civil Writ of Habeas Corpus
`
`
`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 appellate court docket number of the prior proceedings:
`
`
`
` Docket No. Case Caption
`N/A
`N/A
`
`
`12. Does this appeal raise issues involving child custody, the guardianship of a minor,
`parenting time, or visitation?
` Yes: Is this the primary issue on appeal?
` No
`
` Yes
`
` No
`
`
`13. If this is a civil case, indicate whether this appeal involves the possibility of
`settlement: unknown
`
`Dated This 22 day of April 2025.
`
`
`
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`
`
`Steven D. Grierson, Clerk of the Court
`
`/s/ Shaun Salcedo
`Shaun Salcedo, Deputy Clerk
`200 Lewis Ave
`PO Box 551601
`Las Vegas, Nevada 89155-1601
`(702) 671-0512
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`cc: Carlton Burnett
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`t
`
`peti E ioner/rn-prop iE
`Post. office Box 208, SDCC
`Indian Springs, Nevada 89O7O-O2OB
`
`nr TE 8i4 JUprqIAf, Dr.srRrcr m[nf, op rEE srATE op NEvADA
`IN AND Efn TBE qJTuT o" (LfrRK
`
`vs-
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`J f4d/.,\/€
`Pl.ainEiff,
`
`DefendanE.
`
`CASE No.
`oEPf.No. iA
`
`DESTGN}ITION OP REERD CtI APPEAI.
`
`Ttre above-named plainEiff
`above-enEit]ed case, to include all
`Eranscripts thereof, as and for Ehe
`oAfeD rhis
`
`/
`
`hereby designates the
`the papers, documents,
`Record on Appeal .
`aay or
`/ 7
`
`enEire record of the
`pleadings, and
`
`, 2O-r1.'
`
`RESPECTFULLY SUBMITTED
`
`PIainEiff,/In proprir persona
`
`Case Number: A-21-831333-W
`
`Electronically Filed
`
`4/21/2025 2:35 PM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
`
`

`

`t, (-At l hN ROn ^i
`t7J- .hcreby ccrtiff, or,=r-*a, 5(b), that on this 4
`day of f ')
`.2}Nlmailed a truc and concct copy of the forcgoing " H'/,
`
`by placing doc,ocrt in a sealed pr+postagc paid envclopc and dcpositcd said cwelop in thc
`United Ststc Majl addresscd to thc following
`
`DATED: At '/ aayof 17
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`AFFIRMATION
`Pursuant to NRS 2398.030
`
`The undersigned does hereby affirm tiat the preceding
`
`(1 rtle oi Oocument)
`
`flled in District Court Gse number
`
`y i33'Ur
`
`,/'
`d
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`Does not contain the social security number of any person.
`
`-oR-
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`tr Contains the social security number of a person as required by:
`
`A. A specific srate or federal law, to wit:
`
`(State specific law)
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`-or-
`
`B. For the administratjon of a public program or for an application
`for a federal or state grant.
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`4//tu1{
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`Signature
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`Print Name
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`
`Location: Department 10
`Judicial Officer: Jones, Tierra
`Filed on: 03/18/2021
`A831333
`Cross-Reference Case
`Number:
`
`§§§§§
`
`CASE INFORMATION
`
`Carlton Burnett, Plaintiff(s)
`vs.
`William Hutchings, Warden, Defendant(s)
`
`Related Cases
`C-17-327682-1 (Writ Related Case)
`Statistical Closures
`04/16/2025 Other Manner of Disposition
`
`Case Type: Writ of Habeas Corpus
`Case
`Status: 04/16/2025 Closed
`
`DATE
`
`CASE ASSIGNMENT
`
`Current Case Assignment
`Case Number
`Court
`Date Assigned
`Judicial Officer
`
`A-21-831333-W
`Department 10
`03/18/2021
`Jones, Tierra
`
`PARTY INFORMATION
`
`Plaintiff
`
`Burnett, Carlton
`
`Defendant
`
`Aaron Ford, Attorney General
`
`State of Nevada
`
`Steven B Wolfson, Clark County District Attorney
`
`William Hutchings, Warden
`
`Scroggins, C. Benjamin
`Retained
`702-328-5550(W)
`Wolfson, Steven B
`Retained
`702-671-2700(W)
`Wolfson, Steven B
`Retained
`702-671-2700(W)
`Wolfson, Steven B
`Retained
`702-671-2700(W)
`Wolfson, Steven B
`Retained
`702-671-2700(W)
`
`DATE
`
`EVENTS & ORDERS OF THE COURT
`
`INDEX
`
`03/18/2021
`
`03/18/2021
`
`03/18/2021
`
`EVENTS
`Inmate Filed - Petition for Writ of Habeas Corpus
`Party: Plaintiff Burnett, Carlton
`[1] Post Conviction
`
`Motion for Appointment of Attorney
`Filed By: Plaintiff Burnett, Carlton
`[2] Ex Parte Motion for Appointment of Counsel and Request for Evidentiary Hearing
`
`Application to Proceed in Forma Pauperis
`Filed By: Plaintiff Burnett, Carlton
`[3]
`
`PAGE 1 OF 13
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`Printed on 04/22/2025 at 1:47 PM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`
`Order to Proceed In Forma Pauperis
`[4] Order to Proceed In Forma Pauperis
`
`Order for Petition for Writ of Habeas Corpus
`[5] Order for Petition for Writ of Habeas Corpus
`
`Clerk's Notice of Hearing
`[6] Notice of Hearing
`
`Response
`Filed by: Defendant State of Nevada
`[7] State's Response to Defendant s Petition for Writ of Habeas Corpus (Post-Conviction) and
`Motion for Appointment of Counsel and Request for Evidentiary Hearing
`
`Motion
`Filed By: Plaintiff Burnett, Carlton
`[8] Motion for Extension of Time
`
`Motion
`Filed By: Plaintiff Burnett, Carlton
`[9] Motion for Extension of Time
`
`Motion
`Filed By: Plaintiff Burnett, Carlton
`[10] Petitioner's Motion for Extension of Time to File Reply to Respondent's Response to
`Order to Show Cause
`
`Ex Parte Motion
`Filed By: Plaintiff Burnett, Carlton
`[11] Defendant's Ex Parte Motion for Preparation and Production of Sealed Transcripts in
`Case C-17-327682-1 at State Expense
`
`Ex Parte Application
`Party: Plaintiff Burnett, Carlton
`[12] Ex Parte Request to File Ex Parte Requests and Orders for Appointment of
`Investigator/Experts Under Seal
`
`Ex Parte Order
`Filed By: Plaintiff Burnett, Carlton
`[13] Ex Parte Order Appointing Consel Nunc Pro Tunc
`
`Ex Parte Order
`[14] Ex Parte Order to File Ex Parte Requests and Order for Appointment of
`Investigator/Experts Under Seal
`
`Filed Under Seal
`Filed By: Plaintiff Burnett, Carlton
`[15] Ex Parte Request for Funds for Investigator FILED UNDER SEAL
`
`Filed Under Seal
`Filed By: Plaintiff Burnett, Carlton
`[16] Amended Ex Parte Request for Funds for Investigator FILED UNDER SEAL
`
`03/23/2021
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`03/23/2021
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`03/29/2021
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`05/07/2021
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`06/03/2021
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`06/03/2021
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`06/09/2021
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`07/08/2021
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`07/13/2021
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`07/19/2021
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`07/19/2021
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`07/20/2021
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`07/20/2021
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`PAGE 2 OF 13
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`Printed on 04/22/2025 at 1:47 PM
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`07/21/2021
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`07/30/2021
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`08/14/2021
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`08/18/2021
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`09/16/2021
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`11/09/2021
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`11/17/2021
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`12/09/2021
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`02/10/2022
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`02/17/2022
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`03/18/2022
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`03/24/2022
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`03/24/2022
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`05/26/2022
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`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`
`Ex Parte Order
`[17] Ex Parte Order Appointing Investigator
`
`Order
`[18] Order for Preparation and Production of Sealed Transcripts in Case C-17-327682-1 at
`State Expense
`
`Order
`Filed By: Plaintiff Burnett, Carlton
`[19] Order to Produce File
`
`Notice of Entry of Order
`Filed By: Plaintiff Burnett, Carlton
`[20] Notice of Entry of Order to Produce File
`
`Notice of Compliance
`Party: Other Whipple, Bret
`[21] Notice of Compliance
`
`Temporary Seal Pending Court Approval
`Filed By: Plaintiff Burnett, Carlton
`[22] Ex Parte Request for Funds for Digital Forensics Expert Filed Under Seal
`
`Ex Parte Order
`Filed By: Plaintiff Burnett, Carlton
`[23] Ex Parte Order for Funds for Digital Forensics Expert Filed Under Seal
`
`Receipt of Copy
`[24] Receipt of Copy
`
`Motion to Withdraw As Counsel
`Filed By: Plaintiff Burnett, Carlton
`[26] Motion to Withdraw as Counsel of Record
`
`Clerk's Notice of Hearing
`[27] Notice of Hearing
`
`Motion to Withdraw As Counsel
`Filed By: Plaintiff Burnett, Carlton
`[28] Motoin for Replacement of Counsel
`
`Substitution of Attorney
`Filed by: Plaintiff Burnett, Carlton
`[29] Substitution of Attorney
`
`Notice
`Filed By: Plaintiff Burnett, Carlton
`[30] Notice of Substitution of Attorney
`
`Ex Parte Motion
`Filed By: Plaintiff Burnett, Carlton
`[31] Ex Parte Motion to Retain Expert and Investigator at Public Expense
`
`PAGE 3 OF 13
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`Printed on 04/22/2025 at 1:47 PM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`
`Opposition to Motion
`Filed By: Defendant State of Nevada
`[32] State's Opposition to Petitioner's Ex Parte Motion to Retain an Expert and Investigator at
`Public Expense
`
`Order
`[33] Order Granting Petitioner's Ex Parte Motion to Retain Expert and Investigator at Public
`Expense
`
`Notice of Entry of Order
`Filed By: Plaintiff Burnett, Carlton
`[34] Notice of Entry of Order Granting Ex Parte Motion to Retain Expert & Investigator at
`Public Expense
`
`Stipulation and Order
`[35] Stipulation and Order to Extend Briefing
`
`Notice of Entry of Stipulation and Order
`Filed By: Plaintiff Burnett, Carlton
`[36] Notice of Entry of Stipulation and Order to Extend Time for Briefing
`
`Stipulation and Order
`[37] Stipulation and Order to Extend Time for Briefing
`
`Notice of Entry of Stipulation and Order
`Filed By: Plaintiff Burnett, Carlton
`[38] Notice of Entry of Stipulation and Order to Extend Time for Briefing
`
`Affidavit of Service
`Filed By: Plaintiff Burnett, Carlton
`[39] Affidavit of Service - Metro PCS by TMobile
`
`Affidavit of Service
`Filed By: Plaintiff Burnett, Carlton
`[40] Affidavit of Service - Metro PCS by TMobile
`
`Stipulation and Order
`[41] Stipulation And Order To Extend Time For Briefing (Third Request)
`
`Notice of Entry of Stipulation and Order
`Filed By: Plaintiff Burnett, Carlton
`[42] Notice of Entry of Stipulation and Order to Extend Time For Briefing (3rd Request)
`
`Notice of Hearing
`[43] Notice of Hearing
`
`Stipulation and Order
`[44] Stipulation and Order to Extend Time for Briefing (Fourth Request)
`
`Notice of Entry of Stipulation and Order
`Filed By: Plaintiff Burnett, Carlton
`[45] Notice of Entry of Stipulation of Order to Extend Time for Briefing (Fourth Request)
`
`06/03/2022
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`06/14/2022
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`06/15/2022
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`09/27/2022
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`09/28/2022
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`01/06/2023
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`01/09/2023
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`02/09/2023
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`03/01/2023
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`04/03/2023
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`04/03/2023
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`04/05/2023
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`07/11/2023
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`07/11/2023
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`PAGE 4 OF 13
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`Printed on 04/22/2025 at 1:47 PM
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`Affidavit of Attempted Service
`Filed By: Plaintiff Burnett, Carlton
`[46] Affidavit of Attempted Service - Google Inc/Geo Fence
`
`Affidavit of Service
`Filed By: Plaintiff Burnett, Carlton
`[47] Affidavit of Service - Google Inc.
`
`Stipulation and Order
`[48] Stipulation And Order To Extend Time For Briefing (Fifth Request)
`
`Notice of Entry of Stipulation and Order
`Filed By: Plaintiff Burnett, Carlton
`[49] Notice of Entry of Stipulation and Order to Extend Time for Briefing Fifth Request
`
`Motion for Order
`Filed By: Plaintiff Burnett, Carlton
`[50] Petitioner Carlton Burnett's Motion for an Order to Unseal Recorder's Partial
`Transcripts of Hearing
`
`Clerk's Notice of Hearing
`[51] Notice of Hearing
`
`Motion to Extend
`[52] Motion to Extend Time for Briefing (Sixth Request)
`
`Clerk's Notice of Hearing
`[53] Notice of Hearing
`
`Amended Petition
`Filed By: Plaintiff Burnett, Carlton
`[54] Amended Petition for Writ of Habeas Corpus (Postconviction)
`
`Appendix
`[55] Appendix to Petition Vol. I
`
`Appendix
`[56] Appendix to Petition Vol. II
`
`Appendix
`[57] Appendix to Petition Vol. III
`
`Appendix
`[58] Appendix to Petition Vol. IV
`
`Appendix
`[59] Appendix to Petition Vol. V
`
`Appendix
`[60] Appendix to Petition Vol. VI
`
`07/31/2023
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`07/31/2023
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`10/23/2023
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`10/23/2023
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`11/15/2023
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`11/16/2023
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`12/12/2023
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`12/13/2023
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`01/07/2024
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`01/07/2024
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`01/07/2024
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`01/07/2024
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`01/07/2024
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`01/07/2024
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`01/07/2024
`
`01/07/2024
`
`Appendix
`
`PAGE 5 OF 13
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`Printed on 04/22/2025 at 1:47 PM
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`Filed By: Plaintiff Burnett, Carlton
`[61] Appendix to Petition Vol. VII
`
`Appendix
`Filed By: Plaintiff Burnett, Carlton
`[62] Appendix to Petition Vol. VIII
`
`Appendix
`Filed By: Plaintiff Burnett, Carlton
`[63] Appendix to Petition Vol. IX
`
`Appendix
`Filed By: Plaintiff Burnett, Carlton
`[64] Appendix to Petition Vol. X
`
`Notice of Change of Hearing
`[65] Notice of Change of Hearing
`
`Response
`Filed by: Defendant State of Nevada
`[66] State's Supplemental Response to Petitioner's Amended Petition for Writ of Habeas
`Corpus (Post-Conviction)
`
`Order for Production of Inmate
`[67] Application & Order for Production of Inmate
`
`Notice of Change of Address
`Filed By: Plaintiff Burnett, Carlton
`[68] Notice of Change of Address
`
`Stipulation and Order
`[69] Stipulation and Order to Extend Time for Briefing
`
`Supplement
`Filed by: Plaintiff Burnett, Carlton
`[70] Petitioner's Supplemental Claims
`
`Motion to Dismiss Counsel
`Party: Plaintiff Burnett, Carlton
`[71] Motion to Dismiss Counsel / Fire Counsel Conflict with My Counsel
`
`Clerk's Notice of Hearing
`[72] Notice of Hearing
`
`Clerk's Notice of Nonconforming Document
`[73] Clerk's Notice of Nonconforming Document
`
`Response
`[74] STATE'S SECOND SUPPLEMENTAL RESPONSE TO PETITIONER'S SECOND
`SUPPLEMENTAL PETITION FOR WRIT OF HABEAS CORPUS (POST-CONVICTION)
`
`Order for Production of Inmate
`[75] Order for Production of Inmate Carlton Burnett, BAC #1198518
`
`01/07/2024
`
`01/07/2024
`
`01/07/2024
`
`01/12/2024
`
`02/29/2024
`
`03/15/2024
`
`07/10/2024
`
`07/12/2024
`
`09/03/2024
`
`11/05/2024
`
`11/05/2024
`
`11/05/2024
`
`11/19/2024
`
`12/05/2024
`
`PAGE 6 OF 13
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`

`

`01/30/2025
`
`04/16/2025
`
`04/21/2025
`
`04/21/2025
`
`04/21/2025
`
`04/22/2025
`
`05/24/2021
`
`05/24/2021
`
`05/24/2021
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`
`Affidavit
`[76] Affidavit of Manfred Schenk Filed in Open Court
`
`Findings of Fact, Conclusions of Law and Order
`[77] Findings of Fact, Conclusions of Law and Order
`
`Notice of Entry of Findings of Fact, Conclusions of Law
`[78] Notice of Entry of Findings of Fact, Conclusions of Law and Order
`
`Notice of Appeal
`[79] Notice of Appeal
`
`Designation of Record on Appeal
`[80] Designation of Record on Appeal
`
`Case Appeal Statement
`Case Appeal Statement
`HEARINGS
`Petition for Writ of Habeas Corpus (8:30 AM) (Judicial Officer: Jones, Tierra)
`05/24/2021, 06/07/2021, 04/10/2023
`Matter Continued;
`Matter Continued;
`Off Calendar;
`per mo 7/12/2024
`Journal Entry Details:
`Defendant not present and in custody in the Nevada Department of Corrections. COURT
`ORDERED, matter OFF CALENDAR as this was set for hearing on November 6, 2023. NDC ;
`Matter Continued;
`Matter Continued;
`Off Calendar;
`per mo 7/12/2024
`Matter Continued;
`Matter Continued;
`Off Calendar;
`per mo 7/12/2024
`
`Motion for Appointment of Attorney (8:30 AM) (Judicial Officer: Jones, Tierra)
`Plaintiff's Ex Parte Motion for Appointment of Counsel and Request for Evidentiary Hearing
`Granted in Part;
`
`All Pending Motions (8:30 AM) (Judicial Officer: Jones, Tierra)
`Matter Heard;
`Journal Entry Details:
`PETITION FOR WRIT OF HABEAS CORPUS...PLAINTIFF'S EX PARTE MOTION FOR
`APPOINTMENT OF COUNSEL AND REQUEST FOR EVIDENTIARY HEARING COURT
`ORDERED, Plaintiff's Ex Parte Motion for Appointment of Counsel and Request for
`Evidentiary Hearing, GRANTED IN PART with regards as to appointed counsel. Court to
`contact Drew Christensen to have counsel appointed. COURT FURTHER ORDERED, matter
`SET for hearing on Confirmation of Counsel. Court noted Defendant's counsel could decide
`how they wish to proceed with Defendant's Petition for Writ of Habeas. NDC 06/07/21 8:30
`AM CONFIRMATION OF COUNSEL...PETITION FOR WRIT OF HABEAS CORPUS
`CLERK'S NOTE: A copy of the above minute order was distributed to Carlton Burnett
`#1198518, SOUTHERN DESERT CORRECTIONAL CENTER, PO BOX 208, INDIAN
`SPRINGS, NV 89070.//lk 5-24-21 ;
`
`PAGE 7 OF 13
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`

`

`06/07/2021
`
`06/07/2021
`
`08/11/2021
`
`10/20/2021
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`Confirmation of Counsel (8:30 AM) (Judicial Officer: Jones, Tierra)
`06/07/2021, 06/21/2021
`Matter Continued;
`Counsel Confirmed;
`Journal Entry Details:
`Karen Connolly, Esq. present on behalf of Deft. MOTION FOR EXTENSION OF TIME
`(C327682) ... MOTION FOR EXTENSION OF TIME (C327682) COURT ORDERED, this
`matter is OFF CALENDAR. CONFIRMATION OF COUNSEL (A831333) Ms. Connolly
`CONFIRMED AS COUNSEL for Deft. Court, inquired how much time Ms. Connolly would
`need to look over this matter, Ms. Connolly requested 30-45 days. COURT ORDERED, matter
`SET for status check on receipt of the file. NDC 8/11/21 - 8:30 AM - STATUS CHECK:
`RECEIPT OF FILE (A831333);
`Matter Continued;
`Counsel Confirmed;
`
`All Pending Motions (8:30 AM) (Judicial Officer: Bonaventure, Joseph T.)
`Confirmation of Counsel ; Petition for Writ of Habeas Corpus
`Matter Continued;
`Journal Entry Details:
`Petitioner not present, in the Nevada Department of Corrections. CONFIRMATION OF
`COUNSEL . . . PETITION FOR WRIT OF HABEAS CORPUS Court stated the Petitioner's
`attorney was not present and ORDERED, matter CONTINUED; Judicial Staff to contact
`Petitioner's attorney to advise of the new hearing date. NDC CONTINUED TO: 06/21/21
`08:30 AM;
`
`Status Check (8:30 AM) (Judicial Officer: Jones, Tierra)
`08/11/2021, 09/22/2021
`Status Check: Receipt of File
`Matter Continued;
`Matter Heard;
`Journal Entry Details:
`Defendant not present. Upon Court's inquiry, Ms. Connolly confirmed she had received the file
`and requested a continuance for 30 days to see what was needed. COURT ORDERED, status
`check SET to set a briefing schedule. NDC 10/20/2021 8:30 AM STATUS CHECK: BRIEFING
`SCHEDULE CLERK'S NOTE: Minute Order prepared by reviewing JAVS. 10/17/2021 SA;
`Matter Continued;
`Matter Heard;
`Journal Entry Details:
`Deft. not present. Upon Court's inquiry, Ms. Connelly advised she has not received the file and
`requested an order for production within thirty days to her. Court noted it would sign the
`order to get Ms. Connelly the file. At request of Ms. Connelly, COURT ORDERED, matter
`CONTINUED for sixty days. CONTINUED TO: 9/22/21 8:30 AM;
`
`Status Check (8:30 AM) (Judicial Officer: Jones, Tierra)
`10/20/2021, 11/17/2021, 12/15/2021, 03/16/2022
`status check: Briefing Schedule
`MINUTES
`Matter Continued;
`Matter Continued;
`Matter Continued;
`Matter Continued;
`Journal Entry Details:
`PETITIONER'S MOTION TO WITHDRAW AS COUNSEL...STATUS CHECK: BRIEFING
`SCHEDULE Ms. Karen Connolly, Esq., also present on behalf of Deft. Colloquy regarding
`counsel's Motion to Withdraw and continuing the Status check; Mr. Scroggins stated he will be
`retained as counsel. COURT ORDERED, matters CONTINUED; if Mr. Scroggins has not
`been retained Court will entertain Ms. Connolly's Motion. CONTINUED TO: 0330.22 8:30
`A.M. (BOTH) ;
`Matter Continued;
`Matter Continued;
`Matter Continued;
`
`PAGE 8 OF 13
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`
`Matter Continued;
`Journal Entry Details:
`Defendant not present and in the Nevada Department of Corrections; Deputy District Attorney
`Giancarlo Pesci present on behalf of the State. Upon Court's inquiry, Ms. Connolly stated Mr.
`Pesci provided her a copy of the file on December 8, 2021, and is very large, and requested a
`ninety day status check for her to review the file and complete any investigation that needs to
`be completed. COURT ORDERED, matter CONTINUED. NDC CONTINUED TO: 3/16/2022
`8:30 A.M. CLERK S NOTE: This Minute Order was completed by listening to the JAVs
`recording. (1-26-2022 ks);
`Matter Continued;
`Matter Continued;
`Matter Continued;
`Matter Continued;
`Journal Entry Details:
`Deft. not present. Upon Court's inquiry, Ms. Connolly advised she has been having problems
`receiving the file from Deft's prior counsel. Ms. Connolly further advised she has received
`some documents from prior counsel and his investigator; however, it is almost devoid of
`discovery. Ms. Connolly requested a copy of the discovery from the District Attorney's Office
`and indicated she does not have an officer's report, transcribed voluntary statements or CSI
`reports. Mr. Rhoades advised the State would complete what the Court wants the State to do.
`COURT ORDERED, the State to provide a copy of the file to Ms. Connolly, matter
`CONTINUED. CONTINUED TO: 12/15/21 8:30 AM CLERK'S NOTE: Minutes prepared from
`JAVS recording. anm/12/13/21;
`Matter Continued;
`Matter Continued;
`Matter Continued;
`Matter Continued;
`Journal Entry Details:
`Defendant not present. Ms. Connolly advised she was not ready to set a briefing schedule yet
`as she had not gotten the file and had only seen the transcripts. Ms. Connolly further advised
`yesterday former counsel had provided her with a dropbox which contained more information
`and has not had a chance to review it, therefore she requested another 30 day continuance.
`Ms. Connolly noted she might have to file for an Order to Show Cause to find out where the
`file is. COURT ORDERED, matter CONTINUED. NDC CONTINUED TO: 11/17/2021 8:30
`AM;
`SCHEDULED HEARINGS
`All Pending Motions (03/16/2022 at 8:30 AM) (Judicial Officer: Jones, Tierra)
`
`03/16/2022
`
`Motion to Withdraw as Counsel (8:30 AM) (Judicial Officer: Jones, Tierra)
`03/16/2022, 03/30/2022
`Petitioner's Motion to Withdraw as Counsel
`Matter Continued;
`Matter Heard;
`Matter Continued;
`Matter Heard;
`
`03/16/2022
`
`All Pending Motions (8:30 AM) (Judicial Officer: Jones, Tierra)
`
`Status Check (8:30 AM) (Judicial Officer: Jones, Tierra)
`Briefing Schedule
`Matter Heard;
`
`All Pending Motions (8:30 AM) (Judicial Officer: Jones, Tierra)
`Matter Heard;
`Journal Entry Details:
`Court noted Mr. Burnett not present and in the Nevada Department of Corrections. Court
`noted Mr. Scroggins filed the substitution of attorney. Further, counsel requested a briefing
`schedule. COURT ORDERED, Pltf's Supplement due by 9-26-22, Deft's Response due by 12-
`12-22, Pltf's Reply due by 1-02-23 and Hearing SET on the date given. NDC 1/9/23 8:30 A.M.
`HEARING: Petition for Writ of Habeas Corpus ;
`
`03/30/2022
`
`03/30/2022
`
`06/08/2022
`
`PAGE 9 OF 13
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`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`Motion (8:30 AM) (Judicial Officer: Jones, Tierra)
`Ex Parte Motion to Retain Expert and Investigator at Public Expense
`Motion Granted;
`Journal Entry Details:
`COURT NOTED, It read the Motion and Opposition. Argument by Mr. Scroggins, Deft. was
`able to retain counsel but does not have any additional funds. Deft. is indigent. COURT
`STATED FINDINGS, and ORDERED, Motion GRANTED; Deft. is entitled to an expert and
`investigator. Drew Christensen of the Office of Appointed Counsel is to approve orders with a
`monetary value, Court will review and sign the Orders. NDC CLERK'S NOTE: This minute
`order was prepared utilizing the JAVS recording. /sb 06.26.22;
`
`08/09/2023
`
`CANCELED Hearing (8:30 AM) (Judicial Officer: Jones, Tierra)
`Vacated - per Stipulation and Order
`
`12/06/2023
`
`01/18/2024
`
`04/18/2024
`
`05/30/2024
`
`07/12/2024
`
`Motion (8:30 AM) (Judicial Officer: Jones, Tierra)
`Petitioner, Carlton Burnett's Motion for an Order to Unseal Recorder's Partial Transcripts of
`Hearing
`Motion Denied;
`Journal Entry Details:
`Defendant not present and in custody in the Nevada Department of Corrections. Mr. Thoman
`indicated the State is taking no position. COURT ORDERED, Motion for an Order to Unseal
`Recorder's Partial Transcripts of Hearing DENIED; and ADVISED they will provide Mr.
`Scroggins a copy of the transcript, however they will not unseal it. NDC;
`
`Motion for Order Extending Time (9:00 AM) (Judicial Officer: Jones, Tierra)
`Events: 12/12/2023 Motion to Extend
`Petitioner's Motion to Extend Time for Briefing (Sixth Request)
`Motion Granted;
`Journal Entry Details:
`Deputy District Attorney Giancarlo Pesci present on behalf of the State; Defendant not present
`and in custody at the Nevada Department of Corrections. COURT STATED there was an
`Amended Petition filed January 7, 2024 and ORDERED, Hearing date STANDS. Mr. Pesci
`requested the briefing schedule not be changed. COURT SO NOTED. NDC 4//8/2024 9:00
`A.M. HEARING;
`
`Hearing (9:00 AM) (Judicial Officer: Jones, Tierra)
`Set Status Check;
`Journal Entry Details:
`Mr. Scroggins stated, there are some issues he needs to discuss with the Defendant and
`requested to continue the matter. COURT ORDERED, status check SET. 05/30/2024 9:00 AM
`STATUS CHECK: SUPPLEMENTAL PETITION;
`
`Status Check (9:00 AM) (Judicial Officer: Jones, Tierra)
`STATUS CHECK: SUPPLEMENTAL PETITION
`Briefing Schedule Set; STATUS CHECK: SUPPLEMENTAL PETITION
`Journal Entry Details:
`Mr. Scroggins stated at the last hearing there were claims that the Defendant wanted raised,
`adding he spoke with the Defendant and reviewed his concerns. Mr. Scroggins indicated he
`can file a Supplemental Petition with the concerns the Defendant has raised. COURT
`ORDERED, briefing schedule SET as follows; Plaintiff's Supplemental Petition shall be filed
`on or before July 11, 2024; State's Opposition shall be filed on or before August 14, 2024;
`Plaintiff's Reply shall be filed on or before August 28, 2024; hearing SET. CUSTODY
`9/12/2024 9:00 A.M. PETITION FOR WRIT OF A HABEAS CORPUS;
`
`Minute Order (8:50 AM) (Judicial Officer: Jones, Tierra)
`Minute Order - No Hearing Held;
`Journal Entry Details:
`The Court granted a Stipulation and Order to Extend Time for Briefing on July 12, 2024.
`Pursuant to the stipulation and order the following dates are set: Amended Petition is due
`September 2, 2024 Opposition is due December 2, 2024 Reply is due December 9, 2024. The
`
`PAGE 10 OF 13
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`

`

`12/05/2024
`
`01/09/2025
`
`01/09/2025
`
`03/17/2025
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-21-831333-W
`hearing date set for September 12, 2024 is hereby vacated and reset to January 9, 2025 at
`9:00 a.m. 1/9/2025 9:00 A.M. SUPPLEMENTAL PETITION FOR WRIT OF HABEAS
`CORPUS CLERK'S NOTE: Counsel are to ensure a copy of the forgoing minute order is
`distributed to all interested parties; additionally, a copy of the foregoing minute order was
`distributed to the registered service recipients via Odyssey eFileNV E-Service (7-12-2024 ks).;
`
`Motion (9:00 AM) (Judicial Officer: Jones, Tierra)
`12/05/2024, 01/09/2025
`Motion to Dismiss Counsel / Fire Counsel Conflict with My Counsel
`Matter Continued;
`Withdrawn;
`Matter Continued;
`Withdrawn;
`Journal Entry Details:
`Defendant not present, in custody with the Nevada Department of Corrections (NDC). Mr.
`Scroggins noted, the Defendant filed a Motion to Dismiss Counsel. COURT ORDERED,
`matter CONTINUED for the Defendant to be present and DIRECTED the State to prepare the
`Order to Transport. NDC CONTINUED TO: 1/9/2025 9:00 AM;
`
`Petition for Writ of Habeas Corpus (9:00 AM) (Judicial Officer: Jones, Tierra)
`01/09/2025, 01/30/2025
`Supplemental Petition for Writ of Habeas Corpus
`Matter Continued;
`Matter Heard;
`Journal Entry Details:
`Affidavit of Manfred Schenk FILED IN OPEN COURT. Ms. Scroggins argued in favor of the
`Petitioner's Supplemental Petition for Writ of Habeas Corpus and indicated, the Defendant
`was denied his rights to equal protection and effective appellate counsel due to the way the
`Jury was selected. Mr. Pecsi submitted on the State's briefs. COURT ADVISED, they will issue
`a written decision from chambers. NDC;
`Matter Continued;
`Matter Heard;
`
`All Pending Motions (9:00 AM) (Judicial Officer: Jones, Tierra)
`Matter Heard;
`Journal Entry Details:
`SUPPLEMENTAL PETITION FOR WRIT OF HABEAS CORPUS... MOTION TO DISMISS
`COUNSEL / FIRE COUNSEL CONFLICT WITH MY COUNSEL... Upon Court's inquiry,
`Defendant requested to withdraw the Motion to Dismiss Counsel. Mr. Scroggins stated the
`Defendant recently had a medical emergency and there was a period of time he was not able to
`communicate with the Defendant. COURT ADVISED they did not prepare for arguments
`regarding the Writ, as there was a Motion to Dismiss Counsel, and ORDERED, Petition for
`Writ of Habeas Corpus CONTINUED. Upon Court's inquiry, Defendant requested to be
`transported for the continued hearing date. COURT DIRECTED the State to prepare a
`Transport Order. NDC 1/30/2025 9:00 A.M. PETITION FOR WRIT OF HABEAS CORPUS;
`
`Minute Order (7:00 AM) (Judicial Officer: Jones, Tierra)
`Minute Order - No Hearing Held;
`Journal Entry Details:
`On March 18, 2021, Petitioner filed a Pro Per Petition for Writ of Habeas Corpus (Post-
`Conviction). His Petition alleged the following grounds: (1) Trial counsel was ineffective for
`failing to file expert witness report within the required 21 days, in violation of the Sixth
`Amended of the U.S. Constitution; (2) Trial counsel was ineffective for failing to file pre-trial
`motions