District Court Case No: A-22-859189-W
`
`
`
`
`
`
`
`
`Electronically Filed
`Apr 24 2025 11:33 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
`
`
`
`
`
`
`
`
`
`
`
`
`Plaintiff(s),
`
`
`
`vs.
`
`
`
`Defendant(s).
`
`
`
`MATTHEW WASHINGTON,
`
`
`
`
`
`WARDEN, ELY STATE PRISON;
`DIRECTOR, NEVADA DEPARTMENT
`OF CORRECTIONS,
`
`
`
`
`
`
`
`
`
`
`NOTICE OF APPEAL PACKET
`COVER SHEET
`
`Docket 90527 Document 2025-18340
`
`

`

`
`
`NOASC
`Rene L. Valladares
`Federal Public Defender
`Nevada State Bar No. 11479
`*Alicia R. Intriago
`Assistant Federal Public Defender
`Nevada State Bar No. 16031C
`* Amelia Bizzaro
`Assistant Federal Public Defender
`Nevada State Bar No.
`411 E. Bonneville Ave. Suite 250
`Las Vegas, Nevada 89101
`(702) 388-6577
`(702) 388-6419 (fax)
`Alicia_Intriago@fd.org
`Amelia_Bizzaro@fd.org
`
`
`Attorney for Petitioner Matthew Washington
`
`
`
`Matthew Washington,
`
`
`
`
`
`NDOC Director, et al.,
`
`
`
`
`
`
`Respondents.
`
`NOTICE OF APPEAL
`Notice is hereby given that Petitioner Matthew Washington appeals to the
`
`Nevada Supreme Court from the Order Denying Petition for Writ of Habeas Corpus
`entered in this action on March 24, 2025. The Notice of Entry of Decision or Order
`was filed March 26, 2025.
`
`
`
`EIGHTH JUDICIAL DISTRICT COURT
`CLARK COUNTY
`
`
`Case No. A-22-859189-W
` C-13-294695-1
`
`Dept. No. II
`
`
`Petitioner,
`
`
`
`v.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`Case Number: A-22-859189-W
`
`Electronically Filed
`
`4/23/2025 9:42 AM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
`
`

`

`Respectfully submitted,
`
`Rene L. Valladares
`Federal Public Defender
`
`/s/ Alicia R. Intriago
`Alicia R. Intriago
`Assistant Federal Public Defender
`
`
`
`
`
`/s/ Amelia L. Bizzaro
`Amelia L. Bizzaro
`Assistant Federal Public Defender
`
`
`
`
`
`2
`
`Dated April 23, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`

`

`
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on April 23, 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, Karen Mishler,
`karen.mishler@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:
`Katrina Lopez
`Matthew Washington, #1061467
`Deputy Attorney General
`Southern Desert Correctional Center
`Office of the Attorney General
`P.O. Box 208
`1 State of Nevada Way, Ste 100
`Indian Springs, NV 89070
`Las Vegas, NV 89119
`
`Email: KSamuels@ag.nv.gov
`
`
`
`
`/s/ Kaitlyn O’Hearn
`An Employee of the Federal Public
`Defender, District of Nevada
`
`3
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`

`

`
`
`ASTA
`Rene L. Valladares
`Federal Public Defender
`Nevada State Bar No. 11479
`*Alicia R. Intriago
`Assistant Federal Public Defender
`Nevada State Bar No. 16031C
`* Amelia Bizzaro
`Assistant Federal Public Defender
`Nevada State Bar No.
`411 E. Bonneville Ave. Suite 250
`Las Vegas, Nevada 89101
`(702) 388-6577
`(702) 388-6419 (fax)
`Alicia_Intriago@fd.org
`Amelia_Bizzaro@fd.org
`
`Attorney for Petitioner Matthew Washington
`
`
`
`Matthew Washington,
`
`
`
`
`
`NDOC Director, et al.,
`
`
`
`
`
`
`Respondents.
`
`CASE APPEAL STATEMENT
`
`
`
`Name of petitioner filing this case appeal statement: Matthew
`
`1.
`Washington
`Identify the judge issuing the order appealed from: Hon. Carli
`2.
`Kierny, District Court Judge, Dept. 2, Eighth Judicial District, Clark County, NV
`
`EIGHTH JUDICIAL DISTRICT COURT
`CLARK COUNTY
`
`
`Case No. A-22-859189-W
` C-13-294695-1
`
`Dept. No. II
`
`
`Petitioner,
`
`
`
`v.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`Case Number: A-22-859189-W
`
`Electronically Filed
`
`4/23/2025 9:42 AM
`
`Steven D. Grierson
`
`CLERK OF THE COURT
`
`

`

`
`
`3.
`Identify each appellant and the name and address of counsel
`for each appellant: Appellant Matthew Washington is represented by Alicia R.
`Intriago, Assistant Federal Public Defender, and Amelia L. Bizzaro, 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: The State of Nevada is
`represented by Chief Deputy District Attorney Karen Mishler, 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. The attorneys mentioned above are licensed to practice law in Nevada.
`6. Whether petitioner/appellant was represented by appointed or
`retained counsel in the district court: Mr. Washington 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. Washington 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: An inmate need not pay a fee to file (or appeal from the denial of) a
`post-conviction petition. NRS 2.250(1)(d); NRS 34.724(1). The federal court
`determined Mr. Washington was indigent and appointed counsel on his behalf in a
`related federal case.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`2
`
`

`

`
`
`9.
`Date proceedings commenced in the district court (e.g., date
`complaint, indictment, information or petition was filed): Mr. Washington
`filed his Petition for Writ of Habeas Corpus (Post-Conviction) on September 29,
`2022.
`
`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 denying 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:
`Washington v. State, 65998
`Washington v. State, 75777
`Washington v. State, 75777 COA
`Washington v. State, 78597
`Washington v. State, 79834
`Washington v. State, 79834 COA
`12.
`Indicate whether this appeal involves child custody or
`visitation: This appeal does not involve child custody or visitation.
`13.
`If this is a civil case, indicate whether this appeal involves the
`possibility of settlement: N/A
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`3
`
`

`

`Respectfully submitted,
`
`Rene L. Valladares
`Federal Public Defender
`
`/s/ Alicia R. Intriago
`Alicia R. Intriago
`Assistant Federal Public Defender
`
`
`
`
`
`/s/ Amelia L. Bizzaro
`Amelia L. Bizzaro
`Assistant Federal Public Defender
`
`
`
`
`
`
`4
`
`Dated April 23, 2025
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`

`

`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on April 23, 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, Karen Mishler,
`karen.mishler@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:
`Katrina Lopez
`Matthew Washington, #1061467
`Deputy Attorney General
`Southern Desert Correctional Center
`Office of the Attorney General
`P.O. Box 208
`1 State of Nevada Way, Ste 100
`Indian Springs, NV 89070
`Las Vegas, NV 89119
`
`Email: KSamuels@ag.nv.gov
`
`
`
`
`/s/ Kaitlyn O’Hearn
`An Employee of the Federal Public
`Defender, District of Nevada
`
`5
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`
`
`
`
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`
`Location: Department 2
`Judicial Officer: Kierny, Carli
`Filed on: 09/29/2022
`Case Number History:
`Cross-Reference Case
`Number:
`
`A859189
`
`§§§§§
`
`CASE INFORMATION
`
`Matthew Washington, Plaintiff(s)
`vs.
`William Reubert, Defendant(s)
`
`Related Cases
`A-19-797610-W (Writ Related Case)
`C-13-294695-1 (Writ Related Case)
`Statistical Closures
`03/24/2025 Motion to Dismiss by the Defendant(s)
`
`Case Type: Writ of Habeas Corpus
`Case
`Status: 03/24/2025 Dismissed
`
`DATE
`
`CASE ASSIGNMENT
`
`Current Case Assignment
`Case Number
`Court
`Date Assigned
`Judicial Officer
`
`A-22-859189-W
`Department 2
`09/30/2022
`Kierny, Carli
`
`PARTY INFORMATION
`
`Plaintiff
`
`Washington, Matthew
`
`Defendant
`
`Reubert, William
`
`Intriago, Alicia Renae
`Retained
`702-388-6577(W)
`Mishler, Karen
`Retained
`702-671-2728(W)
`
`DATE
`
`09/29/2022
`
`09/29/2022
`
`09/29/2022
`
`09/29/2022
`
`EVENTS & ORDERS OF THE COURT
`
`INDEX
`
`EVENTS
`Notice
`Filed By: Plaintiff Washington, Matthew
`[1] Notice of Appearance
`
`Petition for Writ of Habeas Corpus
`Filed by: Plaintiff Washington, Matthew
`[2] Petition for Writ of Habeas Corpus (Post-Conviction)
`
`Exhibits
`[3] Index of Exhibits in Support of Petition for Writ of Habeas Corpus (Post-Conviction)
`
`Motion
`Filed By: Plaintiff Washington, Matthew
`[4] Motion for the Court to Take Judicial Notice of the Filings in Mr. Washington's Criminal
`Case Number
`
`09/30/2022
`
`Notice of Department Reassignment
`[5] Notice of Department Reassignment
`
`PAGE 1 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`
`Clerk's Notice of Hearing
`[6] Notice of Hearing
`
`Response
`[7] State's Response to Petitioner's Petition for Writ of Habeas Corpus (Post-Conviction) and
`Motion to Dismiss Pursuant to Laches
`
`Response
`[8] Amended State's Response to Petitioner's Petition for Writ of Habeas Corpus (Post-
`Conviction) and Motion to Dismiss Pursuant to Laches
`
`Stipulation and Order
`[9] Stipulation and Order to Vacate January 11, 2023 Hearing, Continue Date to File Reply in
`Support of Petiton, and Set Date for Argument on Petition
`
`Stipulation and Order
`[10]Stipulation And Order To Vacate February 22, 2023 Hearing, Continue Date To File
`Reply In Support Of Petition, And Set Date For Argument On Petition
`
`Stipulation and Order
`Filed by: Plaintiff Washington, Matthew
`[11] Stipulation and Order to Vacate March 29, 2023 Hearing Continue Date to File Reply in
`Support of Petition and Set Date for Argument on Petition
`
`Stipulation and Order
`[12] Stipulation and Order to Vacate April 26, 2023 Hearing, Continue Date to File Reply in
`Support of Petition, and Set Date for Argument on Petition
`
`Opposition
`Filed By: Plaintiff Washington, Matthew
`[13] Opposition to States Amended Response to Petitioners Petition for Writ of Habeas
`Corpus (Post-Conviction) and Motion to Dismiss Pursuant To Laches and Request For
`Evidentiary Hearing
`
`Exhibits
`Filed By: Plaintiff Washington, Matthew
`[14] INDEX OF EXHIBITS IN SUPPORT OF REPLY TO RESPONSE TO PETITION FOR
`WRIT OF HABEAS CORPUS (POST-CONVICTION)
`
`Motion to Seal/Redact Records
`Filed By: Plaintiff Washington, Matthew
`[15] Motion for Leave to File Exhibits 49 and 50 Under Seal and Notice of Sealed Filings
`
`Temporary Seal Pending Court Approval
`Filed By: Plaintiff Washington, Matthew
`[16] INDEX OF SEALED EXHIBITS IN SUPPORT OF REPLY TO RESPONSE TO
`PETITION FOR WRIT OF HABEAS CORPUS (POST-CONVICTION) - FILED UNDER SEAL
`
`Clerk's Notice of Hearing
`[17] Notice of Hearing
`
`Court Recorders Invoice for Transcript
`[18]
`
`10/08/2022
`
`12/14/2022
`
`12/14/2022
`
`12/28/2022
`
`02/15/2023
`
`03/16/2023
`
`04/21/2023
`
`05/17/2023
`
`05/17/2023
`
`05/17/2023
`
`05/17/2023
`
`05/18/2023
`
`06/09/2023
`
`PAGE 2 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`Recorders Transcript of Hearing
`[19] Recorders Transcript of Hearing Re: Petition For Writ of Habeas Corpus, May 24, 2023
`
`Recorders Transcript of Hearing
`[20] Recorders Transcript of Hearing Re: Petition for Writ of Habeas Corpus, May 24, 2023
`
`Court Recorders Invoice for Transcript
`[21]
`
`Recorders Transcript of Hearing
`[22] Recorders Transcript of Hearing Re: Petition for Writ of Habeas Corpus, June 21, 2023
`
`Ex Parte Order
`Filed By: Plaintiff Washington, Matthew
`[23] Ex Parte Application and Order for Production of Petitioner Matthew Washington, BAC
`#1061467
`
`Order for Production of Inmate
`[24] Ex Parte Application and AMENDED Order for Production of Petitioner
`
`Notice of Appearance
`Party: Plaintiff Washington, Matthew
`[25] Notice of Appearance
`
`Motion for Discovery
`Filed By: Plaintiff Washington, Matthew
`[26] Motion for Discovery
`
`Clerk's Notice of Hearing
`[27] Notice of Hearing
`
`Clerk's Notice of Hearing
`[28] Notice of Hearing
`
`Response
`[29] State's Response to Defendant's Motion for Discovery
`
`Motion to Seal/Redact Records
`Filed By: Plaintiff Washington, Matthew
`[30] Motion for Leave to File Reply and Exhibit 51 Under Seal and Notice of Sealded Filings
`
`Filed Under Seal
`Filed By: Plaintiff Washington, Matthew
`[31] PER ORDER 3/26/24 [31] REPLY IN SUPPORT OF MOTION FOR DISCOVERY
`(UNDER SEAL)
`
`Exhibits
`[32] INDEX OF EXHIBITS IN SUPPORT OF REPLY TO RESPONSE TO MOTION FOR
`DISCOVERY
`
`Redacted Version
`[33] PER ORDER 3/26/24 Redacted version of Exhibits to remove and seal Exhibit 51
`
`06/12/2023
`
`06/12/2023
`
`06/30/2023
`
`06/30/2023
`
`07/07/2023
`
`08/29/2023
`
`02/07/2024
`
`02/07/2024
`
`02/09/2024
`
`02/13/2024
`
`02/21/2024
`
`03/05/2024
`
`03/05/2024
`
`03/05/2024
`
`03/05/2024
`
`PAGE 3 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`
`Filed Under Seal
`[34] Sealed Exhibit 51
`
`Clerk's Notice of Hearing
`[35] Notice of Hearing
`
`Court Recorders Invoice for Transcript
`[36]
`
`Recorders Transcript of Hearing
`[37] Recorders Transcript of Hearing Re: Plaintiff's Motion for Discovery, March 12, 2024
`
`Order to Seal
`[38] Order Granting Motions to Seal
`
`Order
`[39] Proposed Order releasing cellphones
`
`Stipulation and Order
`Filed by: Plaintiff Washington, Matthew
`[40] Stipulation and Order to Vacate and Reschedule October 22 Hearing and to File
`Supplemental Petition and Response
`
`Supplemental Brief
`Filed By: Plaintiff Washington, Matthew
`[41] Supplemental Petition
`
`Exhibits
`Filed By: Plaintiff Washington, Matthew
`[42] Index of Exhibits in Support of Supplemental Petition
`
`Stipulation and Order
`Filed by: Plaintiff Washington, Matthew
`[43] Stipulation and Order Extending Time for State's Response and Vacating and
`Rescheduling October 29 Hearing
`
`Stipulation and Order
`[44] Stipulation and Order Extending Time for State's Response and Vacating and
`Rescheduling October 29 Hearing
`
`Response
`[45] State's Response to Petitioner's Supplemental Petition
`
`Order for Production of Inmate
`[46] Ex Parte Application and Order for Production of Petitioner Matthew Washington, BAC
`#1061467
`
`Order for Production of Inmate
`[47] Ex Parte Application and Order for Production of Inmate Martell Moten, BAC #96295
`
`Court Recorders Invoice for Transcript
`[48]
`
`03/05/2024
`
`03/06/2024
`
`03/18/2024
`
`03/25/2024
`
`03/26/2024
`
`05/17/2024
`
`09/11/2024
`
`09/20/2024
`
`09/20/2024
`
`10/24/2024
`
`10/24/2024
`
`11/01/2024
`
`11/13/2024
`
`11/13/2024
`
`12/19/2024
`
`PAGE 4 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`12/19/2024
`
`01/06/2025
`
`01/22/2025
`
`02/11/2025
`
`02/13/2025
`
`03/24/2025
`
`03/26/2025
`
`04/04/2025
`
`04/23/2025
`
`04/23/2025
`
`11/28/2022
`
`05/24/2023
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`Recorders Transcript of Hearing
`[49] Recorders Transcript of Hearing Re: Evidentiary Hearing, December 6, 2024
`
`Ex Parte Order
`[50] Ex Parte Application and Order for Production of Petitioner Matthew Washington, BAC
`#1061467
`
`Order for Production of Inmate
`[51] Ex Parte Application and Order for Production of Petitioner Matthew Washington, BAC
`#1061467
`
`Court Recorders Invoice for Transcript
`[52]
`
`Exhibits
`Filed By: Plaintiff Washington, Matthew
`[53] SELECT TRIAL EXHIBITS USED IN PETITIONERS FEBRUARY 11, 2025 CLOSING
`ARGUMENT
`
`Findings of Fact, Conclusions of Law and Order
`[54] Findings of Fact and Conclusions of Law and Order
`
`Notice of Entry of Findings of Fact, Conclusions of Law
`[55] Notice of Entry of Findings of Fact, Conclusions of Law and Order
`
`Court Recorders Invoice for Transcript
`[56]
`
`Notice of Appeal (Criminal)
`Party: Plaintiff Washington, Matthew
`[57] Notice of Appeal
`
`Case Appeal Statement
`Filed By: Plaintiff Washington, Matthew
`[58] Case Appeal Statement
`HEARINGS
`Minute Order (3:00 AM) (Judicial Officer: Kierny, Carli)
`Minute Order - No Hearing Held;
`Journal Entry Details:
`The following briefing schedule was provided to counsel via email: Reply due - 12/14/22;
`response due - 12/28/22. Matter set for hearing. 1/11/23 9:00 am - HEARING;
`
`Petition for Writ of Habeas Corpus (9:30 AM) (Judicial Officer: Kierny, Carli)
`05/24/2023, 06/21/2023
`Petition for Writ of Habeas Corpus
`Da was not ready to argue. Moved to 1/11/2023 for both parties to prepare.
`Moved to file reply
`Matter Continued;
`Hearing Set;
`Da was not ready to argue. Moved to 1/11/2023 for both parties to prepare.
`Moved to file reply
`Matter Continued;
`Hearing Set;
`
`PAGE 5 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`05/24/2023
`
`05/24/2023
`
`05/24/2023
`
`05/31/2023
`
`06/21/2023
`
`03/12/2024
`
`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`Motion (9:30 AM) (Judicial Officer: Kierny, Carli)
`Petitioner's Motion for the Court to Take Judicial Notice of the Filings in Mr. Washington's
`Criminal Case Number
`Requested to have on same date as PWHC
`Parties not ready
`Asked for time to submit brief
`Granted;
`
`Response and Countermotion (9:30 AM) (Judicial Officer: Kierny, Carli)
`05/24/2023, 06/21/2023
`[7] State's Response to Petitioner's Petition for Writ of Habeas Corpus (Post-Conviction) and
`Motion to Dismiss Pursuant to Laches
`Asked for continuance to file reply
`Matter Continued;
`Hearing Set;
`Asked for continuance to file reply
`Matter Continued;
`Hearing Set;
`
`All Pending Motions (9:30 AM) (Judicial Officer: Kierny, Carli)
`Matter Heard;
`Journal Entry Details:
`PETITIONER'S MOTION FOR THE COURT TO TAKE JUDICIAL NOTICE OF THE
`FILINGS IN MR. WASHINGTON'S CRIMINAL CASE NUMBER Karen Mishler present on
`behalf of the State. Ms. Mishler stated that there was no opposition to the Motion pertaining to
`Mr. Washington's filings in his criminal case. COURT ORDERED, MOTION GRANTED.
`PETITION FOR WRIT OF HABEAS CORPUS Argument by counsel. Court advised Ms.
`Intriago that there was an Order of Affirmance filed following the second filing by Mr.
`Washington. Ms. Intriago requested time to review that and look into things further. COURT
`FURTHER ADVANCED PETITIONER'S MOTION FOR LEAVE TO FILE EXHIBITS 49 AND
`50 UNDER SEAL AND NOTICE OF SEALED FILINGS and GRANTED MOTION. COURT
`ORDERED, WRIT CONTINUED. CONTINUED TO: 6/21/23 9:30 AM;
`
`CANCELED Motion to Seal/Redact Records (9:30 AM) (Judicial Officer: Kierny, Carli)
`Vacated - Previously Decided
`Petitioner's Motion for Leave to File Exhibits 49 and 50 Under Seal and Notice of Sealed
`Filings
`
`All Pending Motions (9:30 AM) (Judicial Officer: Kierny, Carli)
`Hearing Set;
`Journal Entry Details:
`PETITION FOR WRIT OF HABEAS CORPUS...STATE'S RESPONSE AND MOTION TO
`DISMISS PURSUANT TO LACHES Argument by counsel. Colloquy regarding setting an
`Evidentiary Hearing and filing a supplement that the State may respond to. COURT
`ORDERED, MATTER SET FOR EVIDENTIARY HEARING. 9/22/23 9:00 AM EVIDENTIARY
`HEARING ;
`
`Motion for Discovery (9:00 AM) (Judicial Officer: Kierny, Carli)
`Events: 02/07/2024 Motion for Discovery
`Plaintiff's Motion for Discovery
`MINUTES
`Matter Heard;
`Journal Entry Details:
`Ms. Intriago stated not having received the full file in this case. Ms. Mishler clarified the case
`in entered under one event number and everything pertaining the case has been filed. Ms.
`Intriago explained a phone was in the possession of Las Vegas Metropolitan Police
`Department (LVMPD). Ms. Mishler responded this case being over ten years old and unsure if
`the phone remains with LVMPD. Counsel agreed to look into the phone possession before
`going forward with any argument. COURT ORDERED, STATUS CHECK. NDC STATUS
`CHECK: LVMPD VAULT PHONE - 3/26/24 9:00 AM;
`
`PAGE 6 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`
`SCHEDULED HEARINGS
`CANCELED Status Check (03/26/2024 at 9:00 AM) (Judicial Officer: Kierny, Carli)
`Vacated - per Law Clerk
`Status Check: Phone/ Vault Review
`
`CANCELED Status Check (9:00 AM) (Judicial Officer: Kierny, Carli)
`Vacated - per Law Clerk
`Status Check: Phone/ Vault Review
`
`CANCELED Motion to Seal/Redact Records (9:00 AM) (Judicial Officer: Kierny, Carli)
`Vacated - Previously Decided
`Plaintiff's Motion for Leave to File Reply and Exhibit 51 Under Seal and Notice of Sealded
`Filings
`
`Status Check (9:00 AM) (Judicial Officer: Kierny, Carli)
`MINUTES
`Matter Heard;
`Journal Entry Details:
`Argument by counsel as to the Petition for Writ of Habeas Corpus. Parties agreed to file
`additional briefing in preparetion for further argument. Court noted a transport order would
`need to be filed by the time of the evidentiary hearing. Court confirmed it would give the State
`more time file an opposition and ORDERED, matter SET for Argument on the supplemental
`and the following briefing schedule SET: Supplemental DUE by September 13, 2024 Reply
`DUE by October 14, 2024 NDC ARGUMENT ON SUPPLEMENTAL: 10/22/24 9:00 AM
`EVIDENTIARY HEARING: 11/1/24 9:00 AM ;
`SCHEDULED HEARINGS
`Argument (11/12/2024 at 9:00 AM) (Judicial Officer: Kierny, Carli)
`Argument: Supplemental
`
`Argument (9:00 AM) (Judicial Officer: Kierny, Carli)
`Argument: Supplemental
`SAO to extend time for State's response and move argument date.
`Matter Heard;
`Journal Entry Details:
`Argument by counsel. Court stated its FINDINGS on the record and WILL ALLOW evidence to
`be presented at the Evidentiary Hearing. Colloquy regarding witnesses. NDC;
`
`Evidentiary Hearing (9:00 AM) (Judicial Officer: Kierny, Carli)
`12/06/2024, 02/11/2025
`Judge in trial.
`Decision Pending;
`Defense counsel has Covid
`Denied;
`Journal Entry Details:
`Closing arguments by counsel. Court ORDERED, MATTER TAKEN UNDER ADVISEMENT
`and WILL ISSUE A MINUTE ORDER. ;
`Judge in trial.
`Decision Pending;
`Defense counsel has Covid
`Denied;
`Journal Entry Details:
`Testimony and exhibits presented. (See worksheets) Colloquy regarding closing arguments and
`the need for briefing. Court advised counsel briefing would not be needed and SET matter for
`argument. 1/28/25 11:00 AM ARGUMENT;
`FINANCIAL INFORMATION
`
`03/26/2024
`
`04/09/2024
`
`08/13/2024
`
`11/12/2024
`
`12/06/2024
`
`DATE
`
`Plaintiff Washington, Matthew
`Total Charges
`
`710.80
`
`PAGE 7 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`EIGHTH JUDICIAL DISTRICT COURT
`CASE SUMMARY
`CASE NO. A-22-859189-W
`
`Total Payments and Credits
`Balance Due as of 4/24/2025
`
`710.80
`0.00
`
`PAGE 8 OF 8
`
`Printed on 04/24/2025 at 7:27 AM
`
`

`

`DISTRICT COURT CIVIL COVER SHEET
`(cid:38)(cid:79)(cid:68)(cid:85)(cid:78)
`County, Nevada
`CASE NO: A-22-859189-W
`Case No.
`Department 23
`
`(Assigned by Clerk's Office)
`I. Party Information (provide both home and mailing addresses if different)
`Plaintiff(s) (name/address/phone):
`Matthew Washington, #1061467
`Ely State Prison
`P.O. Box 1989
`Ely, NV 89301
`
`Defendant(s) (name/address/phone):
`Warden William Reubart, Ely State Prison
`Director Charles Daniels, NDOC
`
`Attorney (name/address/phone):
`Steve Wolfson, Clark County District Attorney
`200 Lewis Ave., Las Vegas, NV 89101, (702) 671-2500
`cc: Katrina Lopez Deputy Attorney General
`555 E. Washington Ave., Las Vegas, NV 89101
`
`Attorney (name/address/phone):
`Alicia R. Intriago
`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
`
`9/29/2022
`
`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.
`
`Writ of Prohibition
`Other Civil Writ
`
`(cid:18)(cid:86)(cid:18)(cid:3)(cid:36)(cid:79)(cid:76)(cid:70)(cid:76)(cid:68)(cid:3)(cid:53)(cid:17)(cid:3)(cid:44)(cid:81)(cid:87)(cid:85)(cid:76)(cid:68)(cid:74)(cid:82)
`Signature of initiating party or representative
`
`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-22-859189-W
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`ORDD
`
`
`
`DISTRICT COURT
`CLARK COUNTY, NEVADA
`
`
`MATTHEW WASHINGTON,
`
`Petitioner,
`
`vs.
`
`WILLIAM REUBERT,
`
`Defendant.
`
`
`
`Case No.: A-22-859189-W
` (C-13-294695-1)
`
`
`Dept. No.: II
`
`
`
`
`
`
`FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER
`
`This Post-Conviction Petition for Writ of Habeas Corpus was set for evidentiary hearing
`
`on the narrow issue of whether Petitioner could demonstrate actual innocence to overcome the
`
`procedural bars. The Court held an evidentiary hearing on December 6, 2024 and February 11,
`
`2025. Petitioner was present, represented by Alicia Intriago and Amelia Bizzaro of the Federal
`
`Public Defender’s Office (FPD). The State was also present, represented by Karen Mishler. The
`
`Court finds as follows.
`
`Procedural Background
`
`
`
`On December 20, 2013, Matthew Washington (“Petitioner”) was charged by way of
`
`Information with the following: Count 1 – Conspiracy to Commit Murder; Count 2 – Murder
`
`With Use of a Deadly Weapon; Counts 3, 5, 6 – Attempt Murder With Use of a Deadly Weapon;
`
`Count 4 – Battery With Use of a Deadly Weapon Resulting in Substantial Bodily Harm; Count 7
`
`– Battery With Use of a Deadly Weapon; Counts 8-17 – Discharging Firearm At or Into
`
`Structure, Vehicle, Aircraft, or Watercraft; and Count 18 – Possession of Firearm by Ex-Felon.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`
`
`
`
`
`
`
`
`1
`
`Electronically Filed
`03/24/2025 12:29 PM
`
`Statistically closed: USJR - CV - Motion to Dismiss (by Defendant) (USMD)
`
`

`

`
`
`Co-defendant Martell Moten (“Moten”) was charged with essentially the same charges, except
`
`he was charged with Possession of Firearm by Ex-Felon in a separate count, Count 19.
`
`
`
`Petitioner was arraigned on December 23, 2013, at which time he entered a plea of not
`
`guilty and invoked his right to a speedy trial. Conversely, Moten waived his right to a speedy
`
`trial. On December 30, 2013, Petitioner filed a Motion to Sever Defendants. On January 17,
`
`2014, the State filed its Opposition. Ultimately, Petitioner’s trial was severed from Moten’s due
`
`to Petitioner’s invocation of his right to a speedy trial.
`
`
`
`Jury trial commenced on April 7, 2014. On April 16, 2014, the jury returned a verdict of
`
`guilty on all counts. Since the jury found Petitioner guilty of First-Degree Murder with Use of a
`
`Deadly Weapon (Count 2), the jury then proceeded to a penalty phase. After the penalty phase,
`
`the jury imposed a sentence of life with eligibility for parole after 20 years for Count 2.
`
`
`
`On June 18, 2014, Judge Kenneth Cory sentenced Petitioner to the Nevada Department of
`
`Corrections (NDOC) as follows: Count 1 – a minimum of 48 months and a maximum of 120
`
`months; Count 2 – life with the possibility of parole after 240 months, with a consecutive term of
`
`a minimum of 60 months and a maximum of 240 months for the use of the deadly weapon, to run
`
`concurrent to Count 1; Count 3 – a minimum of 96 months and a maximum of 240 months, with
`
`a consecutive term of a minimum of 60 months and a maximum of 240 months for the use of the
`
`deadly weapon, to run consecutive to Count 3; Count 4 – a minimum of 48 months and a
`
`maximum of 120 months, to run concurrent to Count 3; Count 5 – a minimum of 96 months and
`
`a maximum of 240 months, with a consecutive term of a minimum of 60 months and a maximum
`
`of 240 months for the use of the deadly weapon, to run consecutive to Count 4; Count 6 – a
`
`minimum of 96 months and a maximum of 240 months, with a consecutive term of a minimum
`
`of 60 months and a maximum of 240 months for the use of the deadly weapon, to run
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`
`
`
`
`
`
`
`
`2
`
`

`

`
`
`consecutive to Count 5; Count 7 – a minimum of 48 months and a maximum of 120 months, to
`
`run concurrent to Count 6; Counts 8-17 – a minimum of 28 months and a maximum of 72
`
`months for each count, each to run concurrent to the preceding count; Count 18 – Possession of a
`
`Firearm by an Ex-Felon – a minimum of 28 months and a maximum of 72 months, to run
`
`concurrent with Count 17. The Judgment of Conviction was filed on June 27, 2014.
`
`
`
`On June 30, 2014, Petitioner timely filed a pro per Notice of Appeal. On August 12,
`
`2016, the Nevada Supreme Court affirmed Petitioner’s convictions. Washington v. State, 132
`
`Nev. 655 (2016). Remittitur issued on December 19, 2016.
`
`
`
`On October 19, 2016, co-defendant Moten entered into a Guilty Plea Agreement whereby
`
`he agreed to plead guilty to Second-Degree Murder, with a stipulated sentence of 10-25 years
`
`NDOC. On December 14, 2016, he was sentenced according to that negotiation. Moten’s
`
`Judgment of Conviction issued on December 16, 2016.
`
`
`
`On December 19, 2017, through counsel, Petitioner filed a Petition for Writ of Habeas
`
`Corpus (Postconviction). Petitioner’s first Petition did not raise any of the same grounds as the
`
`present Petition. Instead, the first Petition focused on ineffective assistance of counsel in the
`
`penalty phase. On March 22, 2018, the Court denied the Petition, and the Order was filed on
`
`February 12, 2019. Petitioner appealed the denial of the Petition. On March 14, 2019, the Nevada
`
`Court of Appeals affirmed the denial of the Petition. Washington v. State, No. 75777-COA
`
`(Order of Affirmance, Mar. 14, 2019).
`
`
`
`On June 19, 2019, Petitioner filed a pro per Petition for Writ of Habeas Corpus
`
`(Postconviction). Despite this being a successive Petition filed more than two years after his
`
`Judgment of Conviction issued, Petitioner averred that he had good cause to escap