Reed (David) Vs. Dist. Ct. (State)
This text of Reed (David) Vs. Dist. Ct. (State) (Reed (David) Vs. Dist. Ct. (State)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
DAVID LEVOYD REED, No. 82582 Petitioner. vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FIL D IN AND FOR THE COUNTY OF MAR 2 3 2021 CLARK; AND THE HONORABLE EL1ZABE EP.CoNN MONICA TRUJILLO, DISTRICT CLE OFw Raa cot) EY JUDGE, UTY CLEV;K
Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
In this original pro se petition for a pretrial writ of prohibition, David Levoyd Reed seeks a writ directing the district court to cease all further proceedings in district court case no. C-18-329762-1. "This court may issue a writ of prohibition to arrest the proceedings of a district court exercising its judicial functions when such proceedings are in excess of the district court's jurisdiction. NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). This court has discretion as to whether to entertain a petition for extraordinary relief and will not do so when the petitioner has a plain, speedy, and adequate remedy at law. NRS 34.170; NRS 34.330; D.R. Horton, Inc. v. Eighth Judicial Dist. Court, 123 Nev. 468, 475, 168 P.3d 731, 737 (2007). Petitioner bears the burden of demonstrating that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).
o 2S4 Here, Reed raises several claims—including challenging the State's failure to transport him for various hearings and several actions of the district court, including the district court's denial of Reed's motion to reopen an evidentiary hearing regarding his prior pretrial counseFs alleged delay in filing a pretrial petition for a writ of habeas corpus. We conclude that Reed has an adequate remedy at law by way of direct appeal from any judgment of conviction. NRS 177.015(3); NRS 177.045. Accordingly, we ORDER the petition DENIED.'
1 , C.J. Hardesty
J. -C24°.."1 Parraguirre 4Vmasimis. Silver
cc: Hon. Monica Trujillo, District Judge David Levoyd Reed Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
'We further deny Reed's motion for leave to exceed 15 page and 7,000 word lirnit as moot.
SUPREME COURT OF NEVADA 2 101 1947A 4WD
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