Mezamercado (Saul) Vs. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: July 29, 2019
• Docket: 79281
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

SAUL MEZAMERCADO, No. 79281 Petitioner, vs. THE EIGHTH JUDICIAL pISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE DOUGLAS W. HERNDON, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER. DENYING PETITION FOR WRIT OF MANDAMUS

This original, emergency petition for a writ of mandamus challenges a district court order denying petitioner's motion for a pretrial writ of habeas corpus based on alleged ineffective assistance of counsel during plea negotiations. Having reviewed the petition and supporting documents, we are not convinced that our extraordinary intervention is warranted. See NRS 34.160; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of a writ of mandamus is discretionary). Petitioner's trial is scheduled to begin today, and petitioner has not demonstrated that his right to a fair trial is impacted by the challenged decision such that pretrial habeas relief is necessary under NRS Chapter 34. Cf. Lafler v. Cooper, 566 U.S. 156, 163-64 (2012)

141- 31"O (recognizing that ineffective assistance of counsel during pretrial plea negotiations may reqUire post-conviction habeas relief). Accordingly, we ORDER the petition DENIED.'

Parraguirre

Cadish cedarA J.

cc: Hon. Douglas W. Herndon. District Judge Joseph P. Reiff Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'In light of this order, petitioner's emergency motion for stay is denied as moot.