Talbert (Brandon) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
BRANDON SHANE TALBERT, No. 64486
Appellant,
vs. FILED
THE STATE OF NEVADA,
Respondent. FEB 1 0 2016
EMAN
ORDER DISMISSING APPEAL
CtE
• • 41 • -
EPLITY CLERK
This is an appeal from a district court order dismissing
appellant Brandon Talbert's postconviction petition for a writ of habeas
corpus. Second Judicial District Court, Washoe County; Elliott A. Sattler,
Judge.
In his petition, Talbert contended that Miller v. Alabama, 567
U.S. , 132 S. Ct. 2455 (2012), rendered his sentence unconstitutional
and provided him with good cause to excuse the untimely filing of his
petition. The district court denied his petition, and Talbert appealed.
While his appeal was pending, the Legislature enacted A.B. 267. We
conclude that A.B. 267 provides Talbert with any relief Miller arguably
affords as it makes him parole eligible within his lifetime. See
Montgomery v. Louisiana, U .S. , 2016 WL 280758, at *14 (Jan 25,
2016); State v. Boston, 131 Nev., Adv. Op. 98, 363 P.3d 453 (2015).
Accordingly, this appeal is moot, see Personhood Nevada v. Bristol, 126
Nev., Adv. Op. 56, 245 P.3d 572, 574 (2010), and we
ORDER this appeal DISMISSED.
Parraguirre
SUPREME COURT
re■C' , J.
OF Douglas, Cherry
NEVADA
(0) )447A
cc: Hon. Elliott A. Sattler, District Judge
Edward T. Reed
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A