Kirksey (Jimmy) Vs. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JIMMY TODD KIRKSEY, No. 81057 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILE IN AND FOR THE COUNTY OF CLARK, MAY I 4 620 Respondent, ELIV . CP.01? N CLERK JF REME COUR

and BY doe

DEPUTY CLERK

THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This original pro se petition for a writ of mandamus or prohibition seeks a writ directing the district court to enter an order correcting petitioner's conviction from first-degree murder to manslaughter or prohibiting the district court from conducting a new penalty hearing based on his alleged incompetence.

Problematically, petitioner has not provided this court with all of the exhibits or documentation that would support his claims for relief. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).

We reiterate that "Metitioned I cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth

SUPREME COURT OF NEVADA

(0) 1947A 4SP.

zo- 1 337

Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Accordingly, we deny the petition.

It is so ORDERED.

A , C.J.

Pickering

, J. A•L'4sau.0 , J.

Hardesty Stiglich

cc: Jimmy Todd Kirksey

Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA