Paige (Albert) Vs. Dist. Ct. (State)

Nevada Supreme Court·Decided July 24, 2020·No. 81316·Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ALBERT PAIGE, No. 81316 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILE IN AND FOR THE COUNTY OF

JUL 2 it 2020

CLARK,

EUZAEIETH A. BROWN

Respondent, CLERK OP SUPREME COURT and ay Vel-A-A---0-1 ixpury CLERK

THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION

This original pro se petition for compassionate release seeks petitioner Albert Paige's immediate release from prison. Paige argues that the Nevada Department of Corrections has failed to address unsanitary conditions in the prison and, as a result, the increased risk of Covid-19 infection presents a serious threat to petitioner's health due to his preexisting health conditions.

For many of the same reasons addressed in Kerkorian v. State, Docket No. 80917 (Order Denying Petition, April 30, 2020)—including the presence of fact questions this court is ill-suited to resolve—we deny the petition. See Round Hill Gen. Imp. Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981) (recognizing that "an appellate court is not an appropriate forum in which to resolve disputed questions of fact" and determining that when there are factual issues presented, this court will

SUPREME COURT oF NEVADA (D) 1947A AO -02 (i.Z

a14,a11, 74469 not exercise its discretion to entertain a petition for extraordinary relief even though "important public interests are involved"). Accordingly, we ORDER the petition DENIED.

Pieku ,C.J.

Pickering

, J. .14/14C-4-g J.

Hardesty Stiglich.

cc: Albert Paige

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

SUPREME COURT OF NEVADA

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Related

Round Hill General Improvement District v. Newman
637 P.2d 534 (Nevada Supreme Court, 1981)