Brewington (Kyron) Vs. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: March 9, 2021
• Docket: 82290
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

KYRON BREWINGTON, No. 82290 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; THE HONORABLE MAR 0 9 2021 JACQUELINE M. BLUTH, DISTRICT ELIZABE1 -I A. BROWN CLERK OF S PREME COURT JUDGE; AND SHERIFF JOSEPH BY LOMBARDO, DEPUTY CLERK

Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of habeas corpus challenges a district court order denying a pretrial petition for a writ of habeas corpus. An original petition for a writ of habeas corpus is the improper method to challenge the district court's decision to deny a pretrial petition for a writ of habeas corpus. See NRAP 22 (An application for an original writ of habeas corpus should be rnade to the appropriate district court."). Moreover, this court's review of a pretrial probable cause determination through an original petition is disfavored, see Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980); and the challenge to the probable cause determination in this case does not fit the exception we have made for purely legal issues, see Ostinan v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816 P.2d 458, 460 (1991). Accordingly, we ORDER the petition DENIED.

AcLirria--0-3 J. , arraguirre

A4; Stiglich

, J. Silver

cc: Hon. Jacqueline M. Bluth, District Judge Law Offices of John G. Watkins The Pariente Law Firm, P.C. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 10) 1047A *SO