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Keywords

defendantappealmotionhabeas corpusdue processwrit of mandamus
defendantverdictmotion

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Jones v. Eighth Jud. Dist. Ct., 130 Nev. 493, 330 P.3d 475, 130 Nev. Adv. Op. 53

Facts

Darryl Jones was convicted of multiple counts including burglary and theft, receiving a lengthy prison sentence. After his appeal, he filed a post-conviction petition for a writ of habeas corpus without legal representation. The district court, based on motions filed by Jones, determined he was a vexatious litigant and issued an order restricting his ability to file further documents, which led Jones to petition for a writ of mandamus to challenge this order.

Jones was convicted, pursuant to a jury verdict, of five counts of burglary, one count of attempted theft, five counts of obtaining and using the personal identification information of another, four counts of theft, two counts of grand larceny auto, two counts of obtaining property under false pretenses, and one count of possession for sale of a document or personal identifying information to establish false status or identity.

Issue

Whether the district court has the authority to restrict a criminal defendant's access to the courts in order to challenge a judgment of conviction and sentence, and if so, what procedures should be followed.

In considering this petition, we address whether the district court has the authority to restrict a criminal defendant's access to the courts in order to challenge a judgment of conviction and sentence or the computation of time served under a judgment of conviction and, if so, what approach courts should take when restricting that access.

Rule

Nevada district courts have the inherent authority to issue orders restricting a litigant's filings if they are determined to be vexatious, provided that due process is followed, including notice and an opportunity to oppose the restrictions.

We conclude that the district court may restrict a litigant from filing petitions and motions that challenge a judgment of conviction or the litigant's custody status pursuant to a judgment of conviction and that the guidelines set forth in Jordan adequately protect a litigant's rights while providing instruction for the district courts as to when a restrictive order is warranted and the proper scope.

Analysis

The court found that the district court failed to provide Jones with adequate notice and an opportunity to oppose the restrictive order, did not create an adequate record to support its determination, and did not make substantive findings regarding the frivolous nature of Jones' actions. Additionally, the restrictions imposed were overly broad and not narrowly tailored to address specific issues.

Under the facts presented in this case, we conclude that the district court acted arbitrarily and capriciously when it determined that Jones was a vexatious litigant and entered an order restricting his access to the court.

Conclusion

The Supreme Court granted the petition, concluding that the district court acted arbitrarily and capriciously in designating Jones as a vexatious litigant and restricting his access to the court.

We therefore grant the petition.

Who won?

Darryl Jones prevailed in the case because the Supreme Court found that the district court's designation of him as a vexatious litigant and the subsequent restrictions on his filings were not justified and violated his due process rights.

We therefore grant the petition.

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