Carter (Christopher) v. State ( 2014 )


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  •                  been suppressed and that the error was not harmless, and we reversed
    and remanded. On remand, the parties entered into negotiations; the
    State agreed to dismiss counts 1 to 12 and 14 to 22 and Carter agreed not
    to withdraw his guilty plea for counts 23, 24, 25, and 28. The district
    court entered an amended judgment of conviction on November 15, 2013.
    This appeal followed.
    Carter contends that "in the interests of fairness and on
    double jeopardy grounds, this court [should] find that all counts were
    reversed including those to which he pled guilty and that the [Sitate
    should be precluded from prosecuting him on any of those charges."
    However, Carter does not cite any relevant legal authority, outside of the
    constitutional provisions, to support his double jeopardy claim; therefore
    we need not address this issue. See Maresca v. State, 
    103 Nev. 669
    , 673,
    
    748 P.2d 3
    , 6 (1987) ("It is appellant's responsibility to present relevant
    authority and cogent argument; issues not so presented need not be
    addressed by this court."). Nonetheless, we note that this court's prior
    reversal of the judgment of conviction did not preclude the State from
    proceeding with a retrial. See Lockhart v. Nelson, 
    488 U.S. 33
    , 38 (1988)
    (recognizing the well-established rule that the Double Jeopardy Clause
    will not preclude a second trial when an appellate court reverses a
    conviction due to an error in the proceedings that led to the conviction).
    To the extent that Carter challenges the validity of his guilty plea, such
    challenges to the judgment of conviction must be raised in a post-
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    conviction petition for a writ of habeas corpus filed in the district court in
    the first instance.' NRS 34.724(2)(b); NRS 34.738(1).
    Having considered Carter's contention and concluded that
    relief is not warranted, we
    ORDER the judgment of the district court AFFIRMED.
    J.
    tai..tit...c5LC J.
    Parraguirre
    Saitta
    cc: Hon. Stefany Miley, District Judge
    Karen A. Connolly, Ltd.
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    "We express no opinion as to whether Carter could meet the
    procedural requirements of NRS chapter 34.
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Document Info

Docket Number: 64649

Filed Date: 6/11/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014