Bishop (Cadesha) Vs. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: April 15, 2020
• Docket: 80715
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

CADESHA MICHELLE BISHOP, No. 80715 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT FILE COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; APR 1 5 2020 AND THE HONORABLE DOUGLAS W. EuzABETH k EIRDWN PhLit.IE COUR, HERNDON, DISTRICT JUDGE, BY Respondents, CH E. U YÛLERC

and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus or writ of prohibition challenges the denial of a pretrial petition for a writ of habeas corpus. Petitioner argues that she cannot be charged with felony murder under NRS 200.030(1)(b) when the predicate felony is elder abuse resulting in death under NRS 200.5099(6). We have considered the petition on file and are not satisfied that this court's intervention by way of extraordinary writ is warranted at this time. NRS 34.160. Prohibition is not available because the district court had jurisdiction to hear and decide the pretrial petition for a writ of habeas corpus. See NRS 34.320; Goicoechea v. Fourth Judicial Dist. Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (holding that a writ of prohibition "will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration"). And petitioner may raise statutory interpretation, the merger doctrine, and equal protection on appeal if she is convicted, NRS 177.015(3); NRS 177.045, such that she has an adequate remedy at law that militates against writ relief. See NRS 34.170. Accordingly, we ORDER the petition DENIED.

Parraguirre

J. Hardesty

Cadish cdrA, , J.

cc: Hon. Douglas W. Herndon, District Judge Las Vegas Defense Group, LLC Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk