McDonald (Michael) v. Dist. Ct. (Mcdonald)

• Court: Nevada Supreme Court
• Decided: March 8, 2019
• Docket: 78258
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL LEE MCDONALD, No. 78258 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE BILL FILED HENDERSON, DISTRICT JUDGE, 0 8 2019 Respondents, EL IA. BROWN CtE riPREivig COURt and BY DEPU I CLERK CANDACE MCDONALD, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR OTHER EXTRAORDINARY RELIEF

. This original, emergency petition for a writ of mandamus or other extraordinary relief challenges the district court's decision to delay hearing a criminal contempt matter pending resolution of criminal charges concerning the same alleged conduct. In particular, petitioner asserts that the delay in hearing the criminal contempt matter violates his rights to a speedy trial. Ha.i.ng considered the petition and appendices, we are not convinced that our extraordinary intervention is warranted at this time NRAP 21(b)(1); Smith v. Eighth Judicial Dist:Court, 107 Nev. 674, 818 P.2d 849 (1991). We note that the criminal trial is scheduled to begin this month, and a status check hearing is set in the contempt matter for next month. Further, petitioner may raise this issue in a challenge to any decision on the.contempt matter by which he is aggrieved. Pengilly v. Rancho Santa Fe

SUPREME COURT OF NEVADA

(0) 1947A 44a$4 Homeowners Ass'n, 116 Nev. 646, 650, 5 P.3d 569, 571 (2000). Accordingly, we ORDER the petition DENIED.

A n rA_AL tiwi Hardesty

Silver

cc: Hon. Bill Henderson, District Judge, Family Court Division William B. Gonzalez Collings Law Group Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) L947A IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL LEE MCDONALD, No. 78258 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE BILL HENDERSON, DISTRICT JUDGE, Respondents, and CANDACE MCDONALD, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR OTHER EXTRAORDINARY RELIEF

This original, emergency petition for a writ of mandamus or other extraordinary relief challenges the district court's decision to delay hearing a criminal contempt matter pending resolution of criminal charges concerning the same alleged conduct. In particular, petitioner asserts that the delay in hearing the criminal contempt matter violates his rights to a speedy trial. HaVing considered the petition and appendices, we are not convinced that our extraordinary intervention is warranted at this time. NRAP 21(b)(1); Smith u. Eighth Judicial Dist: Court, 107 Nev, 674, 818 P.2d 849 (1991). We note that the criminal trial is scheduled to begin this month, and a status check hearing is set in the contempt matter for next month. Further, petitioner may raise this issue in a challenge to any decision on the contempt matter by which he is aggrieved. Pengilly v. Rancho Santa Fe

1 - ivg col Homeowners Ass'n, 116 Nev. 646. 650, 5 P.3d 569, 571 (2000). Accordingly, we ORDER the petition DENIED.

cc: Hon. Bill Henderson, District Judge, Family Court Division William B. Gonzalez Collings Law Group Eighth District Court Clerk