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Octavius Robinson, Plaintiff(S) Vs. Nevada State Of, Defendant(S)

Case Last Refreshed: 5 months ago

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Robinson, Octavius, filed a(n) Habeas Corpus - Criminal case represented by Pro Se, against Howell, Jerry, Nevada State Of, represented by Katrina Ann Samuels, Katrina A Samuels, in the jurisdiction of Clark County, NV, . Clark County, NV Superior Courts with Erika D. Ballou presiding.

Case Details for Robinson, Octavius v. Howell, Jerry , et al.

Case Number

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Judge

Erika D. Ballou

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Filing Date

September 30, 2019

Category

Writ Of Habeas Corpus

Last Refreshed

November 06, 2023

Practice Area

Criminal

Filing Location

Clark County, NV

Matter Type

Habeas Corpus

Parties for Robinson, Octavius v. Howell, Jerry , et al.

Plaintiffs

Robinson, Octavius

Attorneys for Plaintiffs

Pro Se

Defendants

Howell, Jerry

Nevada State Of

Attorneys for Defendants

Katrina Ann Samuels

Katrina A Samuels

Case Events for Robinson, Octavius v. Howell, Jerry , et al.

Date Type Description
January 04, 2021 Docket Event Case Reassigned to Department 24
Judicial Reassignment to Judge Erika D. Ballou
July 15, 2020 Docket Event Notice of Entry of Order Doc ID# 6
[6] Notice of Entry of Order
July 15, 2020 Docket Event Notice of Entry of Order
July 14, 2020 Docket Event Decision and Order Doc ID# 5
[5] Decision and Order
July 14, 2020 Docket Event Decision and Order
June 26, 2020 Docket Event Petition for Writ of Habeas Corpus
COURT ORDERED the Petition for Writ of Habeas Corpus, was hereby DENIED, FINDING the following: (1) Petitioner is not entitled to such credits as the Discharging Firearm at or into Occupied Structure, Vehicle, Aircraft or Watercraft and the Robbery with Use of a Deadly Weapon offenses fall under the exception for category B felonies pursuant to NRS 209.4465(8)(d); thus, deduction of statutory credit from Petitioner s minimum is prohibited; (2) Petitioner misunderstands the relevant statue; (3) there is no mandate for a 40% reduction; rather NRS 193.130(1) only indicates that the sentencing judge must impose a minimum sentence that is no more than 40% of the maximum sentence; (4) Petitioner committed the offense in 2018; (5) the decision in Williams does not affect crimes committed after 2007, after the effective date of the NRS 209.4465 amendment; (6) Petitioner s credit history shows that the Nevada Department of Corrections has awarded the Petitioner 20 good-time credits per month since he has been incarcerated; (7) the Nevada Department of Corrections has correctly applied such credits to his maximum because Petitioner is statutorily ineligible to have credits applied against his minimum; (8) Petitioner has failed to show he is entitled to any more good time credits than the Nevada Department of Corrections has awarded him; (9) Petitioner is not entitled to Work credit he did not earn; (10) further, a review of Petitioner s credit history shows that Petitioner has received all work credit Petitioner is entitled to; (11) Petitioner is subject to the restrictions under NRS 209.4465(8), because of the offense date; and (12) any disparate credit application due to differing offense dates does not result in an equal protection violation (See Vickers v. Dzurenda, 433 P. 3d 306 (Nev. App. 2018)); therefore applying the statute does not violate equal protection clause. CLERK'S NOTE: A copy of this minute order was e-mailed to: Allison Herr, DAG [aherr@ag.nv.gov] and Rikki Garate, DAG [rgarate@ag.nv.gov]. A copy of this minute order was mailed to: Octavius Robinson #1214389 [Pioche Conservation Camp P.O. Box 509 Pioche, Nevada 89043]. (KD 7/1/20)

Judge: Hardy, Joe
May 28, 2020 Docket Event Response Doc ID# 4
[4] Response to Petition for Writ of Habeas Corpus
May 28, 2020 Docket Event Response to Petition for Writ of Habeas Corpus
April 22, 2020 Docket Event Order for Petition for Writ of Habeas Corpus Doc ID# 3
[3] Order for Petition for Writ of Habeas Corpus
April 22, 2020 Docket Event Order for Petition for Writ of Habeas Corpus
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