Followill (Nicole) v. State, Parole Bd. Of Comm'Rs

CourtNevada Supreme Court
DecidedJune 15, 2022
Docket84690
StatusPublished

This text of Followill (Nicole) v. State, Parole Bd. Of Comm'Rs (Followill (Nicole) v. State, Parole Bd. Of Comm'Rs) 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
Followill (Nicole) v. State, Parole Bd. Of Comm'Rs, (Neb. 2022).

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

NICOLE CHRISTINE FOLLOWILL, No. 84690 Petitioner, vs. STATE OF NEVADA PAROLE BOARD OF COMMISSIONERS; FILED COMMISSIONER LAMICIA BAILEY; COMMISSIONER ERIC JUN 1 5 2022 CHRISTIANSEN; COMMISSIONER ELIZABETH A. BROWN DONNA VERCHIO; COMMISSIONER CLERK g7REME COURT BY SCOTT WEISENTHAL; AND KATIE DEPUTY CLERK FRANKER, EXECUTIVE SECRETARY, Res • ondents.

ORDER DENYING PETITION

This is an original pro se petition for a writ of mandamus challenging the denial of parole. Having considered the petition, we are not persuaded that our extraordinary intervention is warranted. See NRS 34.160; NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (noting that a writ of mandamus is proper only when there is no plain, speedy, and adequate remedy at law and explaining that petitioner bears the burden of demonstrating that writ relief is warranted). A challenge to the denial of parole should be raised in a petition for a writ of mandamus filed in the district court in the first instance so that factual and legal issues are fully developed, giving this court an adequate record to review. See Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981) (recognizing that "an appellate court is not an appropriate forum in which to resolve disputed questions of face); State v. Cty. of Dougla.s, 90 Nev. 272, 276-77, 524 P.2d 1271, 1274 (1974) (noting

SUPREME COURT Of

NEVADA

(0) 1947A drigOD

QV- 19040 that "this court prefers that such an application [for writ relief] be addressed to the discretion of the appropriate district court" in the first instance), abrogated on other grounds by Cortez Masto v. Gypsum Res., 129 Nev. 23, 33-34, 294 P.3d 404, 410-11 (2013). Petitioner may appeal to this court from a final decision. Accordingly, we ORDER the petition DENIED.

C.J. Parraguirre

J. Hardesty

A4.4:4-0 J. Stiglich

cc: Nicole Christine Followill Attorney General/Carson City Attorney General/Dep't of Public Safety/Carson City Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 tol 1947A egigS4=>

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Related

Round Hill General Improvement District v. Newman
637 P.2d 534 (Nevada Supreme Court, 1981)
State Ex Rel. List v. County of Douglas
524 P.2d 1271 (Nevada Supreme Court, 1974)
Masto v. Gypsum Resources, LLC
294 P.3d 404 (Nevada Supreme Court, 2013)

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Bluebook (online)
Followill (Nicole) v. State, Parole Bd. Of Comm'Rs, Counsel Stack Legal Research, https://law.counselstack.com/opinion/followill-nicole-v-state-parole-bd-of-commrs-nev-2022.