Hart v. State

OPINION

This is a proper person appeal from a district court order denying a motion to withdraw a guilty plea brought subsequent to entry of the judgment of conviction. We hold that the district court erred in considering the motion as a post-conviction petition for a writ of habeas corpus and in concluding that it was untimely, pursuant to NRS 34.726(1). However, we further hold that the equitable doctrine of laches applies to motions to withdraw a guilty plea that are brought after sentencing. Applying laches to the instant case, we hold that the district court reached the proper result.…