Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Harris v. Wood

United States District Court, D. Nevada

June 26, 2019

TIYACTE HARRIS, Petitioner,
v.
NATALIE WOOD, et al., Respondents.

          ORDER

          Andrew P. Gordon United States District Judge.

         Tiyacte Harris filed a petition for a writ of habeas corpus. ECF No. 5. The respondents move to dismiss it. ECF No. 10. I deny the motion. Given the procedural complexities that Harris will need to negotiate to obtain relief, I will appoint counsel provisionally, conditioned upon Harris establishing his financial eligibility for representation by counsel.

         On September 6, 2013, Harris was charged with (1) battery with intent to commit a crime, (2) battery with use of a deadly weapon, (3) assault with a deadly weapon, (4) assault with a deadly weapon, and (5) attempted robbery. Ex. 3 (ECF No. 11-3). The parties negotiated the case quickly. On October 14, 2013, Harris agreed to plead guilty to one count of assault with a deadly weapon. Ex. 10 (ECF No. 11-10). The state district court suspended the sentence, placed Harris on probation, and entered a judgment of conviction on December 17, 2013. Ex. 14 (ECF No. 11-14). Harris did not appeal.

         On December 16, 2014, Harris filed his first state post-conviction habeas corpus petition. Ex. 16 (ECF No. 11-16). On February 26, 2015, the state district court held a hearing on the petition. The following exchange occurred:

THE COURT: A couple things, to begin with, under Nevada statutes, writs of habeas corpus are filed by people that are incarcerated. You're confined. You're detained. You're committed somewhere. You're restrained in some fashion. And a habeas corpus relief kind of addresses the reasons for that confinement. Not, you're out of custody and kind of want somebody to go back and look at the deal that you entered into and whether your attorney did what they should have or not.
So I can't really grant this. It's not even in the form that's required by statute if you wanted to pursue habeas corpus relief. It looks to me like what you're really kind of getting at is you want to withdraw the plea that was entered. So there is, you know, you can try and file a motion in that regard if you want. But it's just a motion to withdraw plea. It's not a habeas corpus petition, okay?
THE DEFENDANT: So it's basically it was in the wrong format?
THE COURT: Yeah. I mean, there's certain standards under the law as to when you could withdraw a plea post conviction.
THE DEFENDANT: Right.
THE COURT: So you would need to include that kind of information in there. But I think factually I understand what you're trying to get at.
THE DEFENDANT: Right.
THE COURT: So you're really just__and I know it seems kind of silly, but I gotta do it this way, asking you to do a different kind of motion.
THE DEFENDANT: Okay.
THE COURT: Title it differently and ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.