Petition for Writ of Certiorari — Shirron Jozette Gayles-Zanders, Petitioner v. Nevada

IN THE SUPREME COURT OF THE STATE OF NEVADA

SHIRRON JOZETTE GAYLESZANDERS, A/K/A SHIRRON JOZETTE

GAYLESZANDERS,

Appellant

VS

: THE STATE OF NEVADA,

Respondent.________

No. 64583

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f JUN 3 0 2023

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;OURT

DEPUTY Ct ~RK

ORDER DENYING MOTION

This is a direct appeal from a judgment of conviction for murder

with use of a deadly weapon. Appellant has filed a pro se emergency motion

| to discharge her counsel and for this court to appoint new appellate

counsel.1 Appellant is not entitled to reject court-appointed counsel and

insist on appointment of alternate counsel absent a showing of good cause.

See Thomas u. Slate, 115 Nev. 148, 979 P.2d 222 (1999). Appellant has

failed to demonstrate cause for the discharge of her appointed counsel; See

Thomas v. Wainwright, 767 F.2d 738, 742 (11th Cir. 1985) (appellant's

: general loss of confidence or trust in counsel is not adequate cause for

appointment of new counsel). And appellant has failed to demonstrate any

conflict of interest.

Finally, appellant has no right to proceed without

counsel on direct appeal from a judgment of conviction. Blandino v. State,

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•Appellant’s motion for leave to file a motion in excess of the allowed

pages is granted. The motion was filed on June 22, 2023.

(Supreme Court

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Nevada

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also Martinez v. Court of Appeal of

112 Nev. 352; 914 P.2d 624 (1996); see

Cal., 538 U.S. 152 (2000). The motion is denied.

it is so ORDERED.2

C.J.

cc:

Sandra L. Stewart

Shirron Jozette Gayles-Zanders

Law Office of Telia U. Williams

Law Office of Timothy R. Treffinger

Attorney General/Carson City

Clark County District Attorney

Appellant’s motion does not constitute an emergency under this

court’s rules. Nor does it comply with the procedural requirements of NRAP

27(e), Labeling a motion an “emergency” causes this court to reallocateits

scarce resources from normal case processing, and appellant is cautionedto

use the; emergency, motion provisions only when circumstances fit the

definition set forth in NRAP 27(e).

jpreme Court

of

Nevada

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IN THE SUPREME COURT OF THE STATE OF NEVADA

No. 84583

SHIRRON JOZETTE GAYLES­

ZANDERS, A/K/A SHIRRON JOZETTE

GAYLESZANDERS,

Appellant,

V ;■

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VS.

u JUL 2 8 2023

THE STATE OF NEVADA,

Respondent.

ELIZABETH IL BROVVN

RK

S

OURT

BY]

t EPUTY 3LERK

ORDER DENYING MOTION

Appellant has filed a motion requesting that the en banc court

reconsider the decision to deny her motion to discharge appointed counsel

and appoint substitute counsel. The motion is denied.

It is so ORDERED.

C.J.

cc:

Sandra L. Stewart

Shirron Jozette Gayles-Zanders, a/k/a Shirron Jozette Gayleszanders

Law Office of Telia U. Williams

Law Office of Timothy R. Treffinger

Attorney General/Carson City

Clark County District Attorney

v

i

Supreme Court

OF

Nevada

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IN THE SUPREME COURT OF THE STATE OF NEVADA

SHIRRON JOZETTE GAYLESZANDERS, AJKJA SHIRRON JOZETTE

GAYLESZANDERS,

Appellant,

vs.

THE STATE OF NEVADA,

Respondent.

No. 84583 -OJDfV

SEP 18 2023

QLERK

byLJ

iMT

ORDER DENYING MOTION

Appellant has filed a second motion requesting that the en banc

court reconsider the order denying her motion to discharge appointed

counsel and appoint substitute counsel. En banc reconsideration may be

requested when seeking review of a decision of a panel of the Supreme

Court. See NRAP 40A. Here, appellant is seeking review of the action of a

single justice, not a panel of this court. Thus, her request for'en banc

reconsideration is inappropriate, and is therefore denied,

Even if

appellant’s request for en banc reconsideration was appropriate at this

juncture, she has failed to demonstrate that “(1) reconsideration by the full

court is necessary to secure or maintain uniformity of decisions . . ., or (2)

the proceeding involves a substantial precedential, constitutional or public

policy issue.” NRAP 40A(a).

A panel of this court may review the action of a single justice.

See NRAP 27(c)(2). To the extent that appellant’s motion can be construed

as seeking reconsideration of this court’s June 30, 2023, order entered by a

single justice, it is likewise denied. See McConnell v. State, 121 Nev. 25, 26,

107 P.3d 1287, 1288 (2005) (the party seeking reconsideration bears the

burden of showing that this court overlooked or misapprehended a material

Supreme Court

point of law or fact).

of

Nevada

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Appellant shall have 14 days from the date of this order to file

and serve any petition for rehearing or review. See NRAP 40; NRAP 40A.

If no petition is filed within this time period, the remittitur shall issue. The

clerk shall file this order in both this court and the court of appeals.

It is so ORDERED.

Cadish

PltkSAiJU

, J.

, J.

' Parraguirre

Pickering

cc:

Sandra L. Stewart

--------SKirron Jozette Gayles-Zandersra/k/a^ShTrron'Jozette-Gayleszarrders

Law Office of Telia U. Williams

Law Office of Timothy R. Treffinger

Attorney General/Carson City

Clark County District Attorney

Supreme Court

of

Nevada

(O) 1-M7A •«S^>

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IN THE COURT OF APPEALS OF THE STATE OF NEVADA

SHIRRON JOZETTE GAYLESZANDERS, AJKJA SHIRRON JOZETTE

GAYLESZANDERS,

Appellant,

No. 84583-COA

FILED

vs.

THE STATE OF NEVADA,

Respondent.

,

AUG 2 4 2023

EUZAKTH A. BROWN

^^DeaUTY CLERK

ORDER OF AFFIRMANCE

Shirron Jozette Gayles-Zanders appeals from a judgment of

conviction,enteredpursuant_to„ajury_ye_rdict,j3fJIrsLdegree_murderwith_

use of a deadly weapon. Eighth Judicial District Court, Clark County;

Tierra Danielle Jones, Judge.

Gayles-Zanders argues that her trial counsel was ineffective. A

claim of error related to an attorney’s alleged ineffectiveness must generally

be raised in a postconviction habeas petition. See Gibbons v. State, 97 Nev.

520, 523, 634 P.2d 1214, 1216 (1981) (holding that a claim for ineffective

assistance of counsel is properly challenged in postconviction relief because

factual issues are best determined in the district court).

“[W]e have

generally declined to address claims of ineffective assistance of counsel on

direct appeal unless there has already been an evidentiary hearing or where

an evidentiary hearing would be unnecessary.” Pellegrini v. State, 117 Nev.

860, 883, 34 P.3d 519, 534 (2001), abrogated on other grounds by Rippo v.

State, 134 Nev. 411, 423 n.12, 423 P.3d 1084, 1097 n.12 (2018).

Here, Gayles-Zanders alleges her counsel failed to request a

jury instruction on temporary insanity or to retain and call experts on /

Court of Appeals

OF

Nevada

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temporary insanity due to battered woman syndrome.

Because no

evidentiary hearing was held and there are unresolved factual issues, we

decline to address on direct appeal Gayles-Zanders’ claims of ineffective

assistance'of counsel.

Gayles-Zanders also argues that the district court erred by

denying her reasonable bail. Gayles-Zanders alleges that her presentence

detention prevented her from working, this in turn prevented her from

earning money to retain experts, and she will suffer future prejudice

because she remains in prison pending appeal. Because Gayles-Zanders’

claim relates to presentence detention to which she is no longer subjected,

there is no longer a live controversy, and we conclude this claim is moot.

See Valdez-Jimenez v. State, 136 NeV. 155, 158, 460 P.3d 976, 982 (2020)

(providing that “issues concerning"bail and pretrianietenfiorTbecome moot

once the case is resolved by dismissal, guilty plea, or trial”). Therefore, we

decline to consider this claim on appeal. Accordingly, we

ORDER the judgment of conviction AFFIRMED *.

_,

C.J.

Gibbons'

Bulla

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Westbrook

Court of Appeals

Of

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cc:

Hon. Tierra Danielle Jones, District Judge

Sandra L. Stewart

Law Office of Telia U. Williams

Law Office of Timothy R. Treffinger

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

Court of Appeals

of

Nevada

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Electronicall) Filed

.06/21/2022 3 30 PM

CLERK OF THE lOURT

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JOC

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DISTRICT COURT

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CLARK COUNTY, NEVADA

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THE STATE OF NEVADA,

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Plaintiff,

CASE NO. C-18-330666-1

-vsDEPT. NO. X

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SHIRRON JOZETTE GAYLES-ZANDERS aka

Shirron Jozette Gayleszanders

#8407426

Defendant.

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JUDGMENT OF CONVICTION

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(JURY TRIAL)

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FIRST DEGREE

The Defendant previously entered a plea of not guilty to the crime of MURDER

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WITH USE OF A DEADLY WEAPON (Category

A Felony) in violation of NRS

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200.010, 200.030, 193.195; and the matter having been tried before a jury and the

FIRST DEGREE

Defendant having been found guilty of the crime of MURDER WITH USE OF A

DEADLY WEAPON (Category

A Felony) in violation of NRS 200.010, 200.030,

193.195; thereafter, on the 16th day of June, 2022, Pro Se Defendant was present in

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court for sentencing and good cause appearing,

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THE DEFENDANT IS HEREBY ADJUDGED guilty of said offenses and, in

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addition to the $25.00 Administrative Assessment Fee, $3,3744.91 Restitution payable

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to Victims of Crime and $150.00 DNA Analysis Fee including testing to determine

Statistically closed: E. USJR - CR - Jury Trial - Conviction (USCJTC)

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genetic markers plus $3.00 DNA Collection Fee, the Defendant is SENTENCED to the

Nevada Department of Corrections (NDC) as follows: LIFE with a MINIMUM parole

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eligibility of TWO HUNDRED FORTY (240) MONTHS plus CONSECUTIVE a

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MAXIMUM of ONE HUNDRED TWENTY (120) MONTHS with a MINIMUM parole

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eligibility of THIRTY-SIX (36) MONTHS in the Nevada Department of Corrections

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(NDC); with ONE THOUSAND SIX HUNDRED EIGHTY-SIX (1,686) DAYS credit for

time served.

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Dated this 21st day of June, 2022

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37A 609 6D5F D561

Tierra Jones

, District Court Judge

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Additional material

from this filing is

available in the

Clerk's Office.