Maffit (David) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: March 21, 2022
• Docket: 84187
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID MAFFIT, No. 84187 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FILED MONICA TRUJILLO, DISTRICT JUDGE, MAR 2 1 2022 Respondents, and THE STATE OF NEVADA, DEPUTY CLERK

Real Party in Interest.

ORDER DENYING PETITION

This is an original petition for a writ of mandamus and/or prohibition challenging a district court order denying mandamus and/or prohibition relief in which petitioner sought dismissal of the criminal complaint and requested a jury trial. Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted because petitioner has not demonstrated that a direct appeal from a judgment of conviction would not be "a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170; NRS 34.330; Pan v. Eighth judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Srnith v. Eighth Ju.dicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an

SUPREME COURT OF NEVADA

(0) 1947A 04610 08SO extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we ORDER the petition DENIED.

Pariaguirre

Hardesty

Stiglich

cc: Hon. Monica Trujillo, District Judge The Pariente Law Firm, P.C. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk