Clackum (Hank) v. Dist. Ct. (State)

Nevada Supreme Court

Clackum (Hank) v. Dist. Ct. (State)

DecidedDecember 15, 2016

Docket70567

StatusUnpublished

This text of Clackum (Hank) v. Dist. Ct. (State) (Clackum (Hank) v. Dist. Ct. (State)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clackum (Hank) v. Dist. Ct. (State), (Neb. 2016).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

HANK CLACKUM, No. 70567 Petitioner, vs. CLARK COUNTY JUSTICE COURT, HENDERSON TOWNSHIP; THE HONORABLE RODNEY BURR, •

FILED JUSTICE OF THE PEACE; THE DEC 1 5 2016 EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHY A. HARDCASTLE, SENIOR JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamusl asks this court to direct the dismissal of count 1, lewdness with a child under the age of 14, for lack of jurisdiction. A writ of mandamus will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law," NRS 34.170, and an appeal is generally an adequate legal remedy that precludes writ relief, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Petitioner has an adequate remedy at law. See NRS 2.090(2) (the district court's denial of a petition for a writ of mandamus is an appealable decision); NRAP 3A(b)(1); Shannon v. State,

1-To the extent petitioner seeks a writ of prohibition, he fails to provide any authority or argument for the issuance of said writ.

SUPREME COURT OF NEVADA

(0) R'-17A 105 Nev. 782, 791, 783 P.24 942, 947 (1989) (allowing a challenge as to jurisdiction to be raised on appeal). Petitioner fails to demonstrate that the circumstances in this case warrant this court's exercise of its original jurisdiction. See State v. Second Judicial Dist. Court (Ducharm), 118 Nev. 609, 614, 55 P.3d 420, 423 (2002). Accordingly, we ORDER the petition DENIED. 2

(.2- ksza J. Cherry

!ad J. Douglas

J. Gibbons

cc: Chief Judge, The Eighth Judicial District Court Hon. Kathy A. Hardcastle, Senior Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'The stay previously imposed by this court is lifted.

SUPREME COURT OF NEVADA 2 (01 1947A e

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IN THE SUPREME COURT OF THE STATE OF NEVADA

HANK CLACKUM, No. 70567 Petitioner, vs. CLARK COUNTY JUSTICE COURT, HENDERSON TOWNSHIP; THE HONORABLE RODNEY BURR, •

FILED JUSTICE OF THE PEACE; THE DEC 1 5 2016 EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHY A. HARDCASTLE, SENIOR JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamusl asks this court to direct the dismissal of count 1, lewdness with a child under the age of 14, for lack of jurisdiction. A writ of mandamus will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law," NRS 34.170, and an appeal is generally an adequate legal remedy that precludes writ relief, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Petitioner has an adequate remedy at law. See NRS 2.090(2) (the district court's denial of a petition for a writ of mandamus is an appealable decision); NRAP 3A(b)(1); Shannon v. State,

1-To the extent petitioner seeks a writ of prohibition, he fails to provide any authority or argument for the issuance of said writ.

SUPREME COURT OF NEVADA

(0) R'-17A 105 Nev. 782, 791, 783 P.24 942, 947 (1989) (allowing a challenge as to jurisdiction to be raised on appeal). Petitioner fails to demonstrate that the circumstances in this case warrant this court's exercise of its original jurisdiction. See State v. Second Judicial Dist. Court (Ducharm), 118 Nev. 609, 614, 55 P.3d 420, 423 (2002). Accordingly, we ORDER the petition DENIED. 2

(.2- ksza J. Cherry

!ad J. Douglas

J. Gibbons

cc: Chief Judge, The Eighth Judicial District Court Hon. Kathy A. Hardcastle, Senior Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'The stay previously imposed by this court is lifted.

SUPREME COURT OF NEVADA 2 (01 1947A e

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Clackum (Hank) v. Dist. Ct. (State), Counsel Stack Legal Research, https://law.counselstack.com/opinion/clackum-hank-v-dist-ct-state-nev-2016.

Opinion

J. Gibbons

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