Booker (Ladonna) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: December 16, 2016
• Docket: 71461
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

LADONNA BOOKER, No. 71461 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE DEC 1 6 2016 VALERIE ADAIR, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION Petitioner Ladonna Booker seeks a writ of mandamus directing the district court to grant her motion to dismiss an indictment. We are not convinced our intervention is warranted. NRS 34.160. The State may seek an indictment after a justice court dismisses a complaint. See NRS 178.562(2) ("The discharge of a person accused upon preliminary examination is a bar to another complaint against the person for the same offense, but does not bar the finding of an indictment or filing of an information."). While the State's conscious indifference to the petitioner's rights may bar a subsequent prosecution, McNair v. Sheriff, 89 Nev. 434, 438, 514 P.2d 1175, 1177 (1973), the district court concluded that the prosecutor's actions did not demonstrate a conscious indifference to the petitioner's rights. The petition and documents submitted herein do not indicate that the district court manifestly abused its discretion in reaching that conclusion. See State v. Eighth Judicial Dist. Court (Armstrong), 127

SUPREME COURT OF NEVADA

(0) 1947A 4901,4 Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (noting that a capricious exercise of discretion is one that is "contrary to the evidence" (quotation marks omitted)). Accordingly, we ORDER the petition DENIED.

Gibbons

cc: Hon. Valerie Adair, District Judge Nguyen & Lay Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (D) 1947A e