Opinion
No. 73232 No. 73233
04-11-2018
MICHAEL TRACY MCLAUGHLIN, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondents. MICHAEL TRACY MCLAUGHLIN, Appellant, v. JO GENTRY, WARDEN; AND DWAYNE DEAL, OMD, Respondents.
ORDER VACATING AND REMANDING
Michael Tracy McLaughlin appeals from a district court order denying the postconviction petitions for writs of habeas corpus he filed on August 16, 2016, and February 3, 2017. Eighth Judicial District Court, Clark County; Linda Marie Bell, Judge. We elect to consolidate these appeals for disposition. See NRAP 3(b)(2).
McLaughlin argues the credits he has earned pursuant to NRS 209.4465 must be applied to his parole eligibility as provided by NRS 209.4465(7)(b) (1997). In rejecting McLaughlin's claim, the district court did not have the benefit of the Nevada Supreme Court's recent decision in Williams v. State Department of Corrections, 133 Nev. ___, 402 P.3d 1260 (2017). There, the court held that credits apply to parole eligibility as provided in NRS 209.4465(7)(b) (1997) where the offender was sentenced pursuant to a statute that requires a minimum term of not less than a set number of years but does not expressly mention parole eligibility.
Having considered McLaughlin's pro se briefs and given the decision in Williams, we conclude that a response is not necessary. See NRAP 46A(c). These appeals therefore have been submitted for decision based on the pro se briefs and the record. See NRAP 34(f)(3).
McLaughlin is serving, pursuant to statutes as identified above, an aggregate sentence that includes sentences for the crimes of attempted murder with the use of a deadly weapon, battery with the use of a deadly weapon, and burglary with the use of a deadly weapon he committed on December 10, 2002. See NRS 193.165 (1995); NRS 193.330 (1997); NRS 200.030(4), (5) (1999); NRS 200.481(2)(e)(1) (2001); NRS 205.060(2) (1995). Consistent with Williams, the credits McLaughlin has earned pursuant to NRS 209.4465 should be applied to his parole eligibility for the sentence he is serving. See generally NRS 213.1212 (addressing parole eligibility where the sentences have been aggregated). The district court erred by ruling to the contrary. Accordingly, we
If a petitioner has already expired the sentence or appeared before the Nevada Board of Parole Commissioners on the sentence, the district court cannot grant any relief. Williams, 133 Nev. at ___ n.7, 402 P.3d at 1264 n.7. It is unclear from the record whether McLaughlin has appeared before the parole board on his current sentence. The district court may consider any evidence in that respect on remand.
ORDER the judgment of the district court VACATED AND REMAND this matter to the district court to reconsider its decision in light of Williams.
We have reviewed all documents McLaughlin has filed in these appeals, and we conclude no additional relief based upon those submissions is warranted. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Linda Marie Bell, District Judge
Michael Tracy McLaughlin
Attorney General/Carson City
Eighth District Court Clerk