State Vs. Justice Ct. (Paglia (Michael))

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA, No. 79104 Petitioner, vs. JUSTICE COURT, LAS VEGAS TOWNSHIP; AND THE HONORABLE FILED

JOSEPH S. SCISCENTO, JUSTICE OF AUG 0 6 2O19 THE PEACE,

EIIZABETH /mama

Respondents, cou BY

and CLERK MICHAEL PAGLIA, Real Party in Interest.

ORDER DENYING PkTITION

FOR WRIT OF MANDAMUS OR PROHIBITION

This original petition for a writ of mandamus or prohibition challenges a justice court oral order granting a motion for the return of seized property.

Having reviewed petitioner s petition and supporting

documentation, we conclude that our extraordinary intervention is not warranted. See NRS 34.160; State v. Eighth Judicial Dist. Court (Armstrong). 127 Nev. 927, 931, 267 P.3d 777, 779-80 (2011) (recognizing that a writ petition is addressed to this court's sole discretion and that a writ of mandamus rnay issue to control only a manifest abuse of discretion or an arbitrary or capricious exercise of discretion); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that a petitioner bears the burden of demonstrating that extraordinary relief is warranted); see also United States v. Mitchell, 324 F. App'x 264, 265 (4th Cir. 2009) (recognizing that determining a • motion to return property,

SUPREME COURT OF NEVADA

(a) 1947A .CM31.

101- 31c135

•S •

brought under the federal analog to NRS 179.085, is within the district court's di scretion).1 Accordingly, we ORDER the petition DENIED.

j.

Hardesty

A44$‘1%..0 J.

Stiglich

J.

Silver

cc: Joseph S. Sciscento, Justice of the Peace Attorney General/Carson City Clark County District Attorney Chesnoff & Schonfeld Las Vegas Justice Court

1We note that, although petitioner also sought a writ of prohibition, petitioner did not argue that the justice court lacked or had exceeded its jurisdiction. See NRS 34.320. And as an additional basis for denying writ relief, petitioner to date has failed to provide this court with a written copy of the justice court order it challenges. See NRAP 21(a)(4).

SUPREME COURT OF NEVADA

2

(CA 1947A AD.