Warenback (Douglas) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

DOUGLAS HARRY WARENBACK, No. 71971 Petitioner, vs. THE STATE OF NEVADA, Respondent. FILED JAN 12 017

ORDER DENYING PETITION This original petition for a writ of certiorari seeks this court's resolution of a purported conflict between our decision in Nollette v. State, 118 Nev. 341, 46 P.3d 87 (2002) (holding that sex offender registration is a collateral consequence of a guilty plea and therefore district court's failure to advise defendant of that consequence does not invalidate a guilty plea), and the United States Supreme Court's decision in Carafas v. LaVallee, 391 U.S. 234, 237-39 (1968) (holding that federal jurisdiction over habeas petition filed by state inmate is not defeated when petitioner subsequently expires his sentence because collateral consequences that flow from the conviction, such as voting restrictions, afford the petitioner "a substantial stake in the judgment of conviction which survives the satisfaction of the sentence imposed on him" (internal quotation marks omitted)). Petitioner essentially seeks this court's advisory opinion on an abstract legal question. Because Millis court will not render advisory opinions on. . . abstract questions," Applebaum v. Applebaum, 97 Nev. 11, 12, 621 P.2d 1110, 1110 (1981), and a writ of certiorari is not available for that purpose, see NRS 34.020(2), (3) (indicating the writ of certiorari may be granted when a lower court has exceeded its jurisdiction and no appeal is

SUPREME COURT OF NEVADA

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available or when a district court passes upon the constitutionality of a statue or municipal ordinance in an appeal taken from a justice or municipal court), we decline to consider the petition. We therefore ORDER the petition DENIED.

rezA-cd ektt LiAft J. Gibbons Pickering

cc: Douglas Harry Warenback Attorney General/Carson City

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