-
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- SUPREME COURT OF NEVADA 2 (0) 1540A e 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. SUPREME COURT OF NEVADA 3 (0) 1947A e
Document Info
Docket Number: 64649
Filed Date: 6/11/2014
Precedential Status: Non-Precedential
Modified Date: 10/30/2014