State v. Dist. Ct. (Halstead (Keneisha))

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA, No. 71819 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF

FILED

CLARK; THE HONORABLE JESSIE SEP 2 9 2017 ELIZABETH WALSH, DISTRICT ELIZABETH A. BROWN JUDGE; AND THE HONORABLE CLERK OF SUPREME COURT

NANCY M. SAITTA, DEPUTY CLERK

Respondents,

and KENEISHA HALSTEAD, Real Party in Interest.

ORDER DENYING PETITION

This is an original petition for a writ of mandamus to vacate the evidentiary hearing on Halstead's coram nobis petition and deny Halstead's petition entirely. We deny the State's petition for a writ of mandamus without prejudice.

This court may not issue a writ where the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law. Pan v. Eighth Judicial Din. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). For appellate purposes, a writ of coram nobis is treated as a civil writ, even if it is asserted in a criminal matter, and is appealable under NRAP 3A(b)(1). Trujillo v. State, 129 Nev. 706, 718, 310 P.3d 594, 602 (2013). Thus, the State has an adequate remedy at law to appeal the final judgment on Halstead's petition, after Halstead's claims are clarified by evidentiary SUPREME COURT OF NEVADA

(01 1947A 4figto 1 7 - 3317(6, hearing, and this court's intervention by writ is unwarranted. Accordingly, we deny the State's petition without prejudice.

It is so ORDERED.

J.

Pickering

cc: Chief Judge, The Eighth Judicial District Court Hon. Nancy M. Saitta. Senior Justice Attorney General/Carson City Clark County District Attorney Wooldridge Law Eighth District Court Clerk

SUPREME COURT OF NEVADA

2

(0) 1947A