Strauss (Ross) v. Dist. Ct. (State)

Nevada Supreme Court

Strauss (Ross) v. Dist. Ct. (State)

Nevada Supreme Court·Decided January 17, 2019·No. 77509·Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROSS STRAUSS, No. 77509 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FILED VALERIE ADAIR, DISTRICT JUDGE, JAN 1 1 2019 Respondents, ELIZABETH A, BROWN CLERK QF SUPREME COURT and BY THE STATE OF NEVADA, DEPUTY CLERK

Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamus or alternatively writ of prohibition challenges the denial of a pretrial petition for a writ of habeas corpus and seeks dismissal of count 1 (murder). Having considered the petition, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (explaining that review of a pretrial probable cause determination through an original writ petition is disfavored); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816 P.2d 458, 459-60 (1991) (entertaining a pretrial challenge to a probable cause determination by original writ petition where the petition presented purely legal issues). Accordingly, we ORDER the petition DENIED.

Hardesty

SUPREME COURT OF ±-1,--C YSTL-c-c J. ,J. NEVADA Stiglich Silver (0) 1947A 4-71141 1 cc: Hon. Valerie Adair, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e

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IN THE SUPREME COURT OF THE STATE OF NEVADA

ROSS STRAUSS, No. 77509 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FILED VALERIE ADAIR, DISTRICT JUDGE, JAN 1 1 2019 Respondents, ELIZABETH A, BROWN CLERK QF SUPREME COURT and BY THE STATE OF NEVADA, DEPUTY CLERK

Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamus or alternatively writ of prohibition challenges the denial of a pretrial petition for a writ of habeas corpus and seeks dismissal of count 1 (murder). Having considered the petition, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (explaining that review of a pretrial probable cause determination through an original writ petition is disfavored); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816 P.2d 458, 459-60 (1991) (entertaining a pretrial challenge to a probable cause determination by original writ petition where the petition presented purely legal issues). Accordingly, we ORDER the petition DENIED.

Hardesty

SUPREME COURT OF ±-1,--C YSTL-c-c J. ,J. NEVADA Stiglich Silver (0) 1947A 4-71141 1 cc: Hon. Valerie Adair, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e

Strauss (Ross) v. Dist. Ct. (State), (Neb. 2019).

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