James (Mercedes) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: January 14, 2016
• Docket: 69388
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MERCEDES JAMES, No. 69388 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE ERIC JAN 1 4 2016 JOHNSON, DISTRICT JUDGE, CIElt LINDEMAN Respondents, et COURT

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

ORDER DENYING PETITION This original petition for a writ of mandamus or, in the alternative, a writ of prohibition challenges a district court order denying a pretrial petition for a writ of habeas corpus in which petitioner contended that a charge of sex trafficking of a child under 18 years of age is not supported by probable cause. Our review of a pretrial probable cause determination through an original writ petition is disfavored, see Kussman v. District Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980), and petitioner has not demonstrated that her challenge to the probable cause determination fits the exceptions we have made for purely legal issues, see Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816

SUPREME COURT OF NEVADA

(0) 1947A ea 5 P.2d 458, 459-60 (1991); State v. Babayan, 106 Nev. 155, 174, 787 P.2d 805, 819-20 (1990). Accordingly, we ORDER the petition DENIED.

„Afreut,

Hardesty----,

J.

cc: Hon. Eric Johnson, District Judge Gregory D. Knapp Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) I947A Cal0