Wilson v. Dist. Ct. (State)

Nevada Supreme Court

Wilson v. Dist. Ct. (State)

DecidedSeptember 21, 2016

Docket70711

StatusUnpublished

This text of Wilson v. Dist. Ct. (State) (Wilson v. 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.

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Wilson v. Dist. Ct. (State), (Neb. 2016).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

TOMMIE DEPEDRO WILSON, No. 70711 Petitioner, vs. LAS VEGAS JUSTICE COURT; ERIC A. GOODMAN, JUSTICE OF THE PEACE; FILED THE EIGHTH JUDICIAL DISTRICT SEP 21 2016 COURT OF THE STATE OF NEVADA, TRACE K. LINDEMAN IN AND FOR THE COUNTY OF CLERK 9f SUPREME COURT

CLARK; AND THE HONORABLE BY DEPUTY CLERK DOUGLAS SMITH, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of mandamus seeking an order directing the justice court or district court to reinstate bail or an order from this court reinstating petitioner Tommie Wilson to bail. Wilson argues that the justice court improperly increased the bail set at the jail without good cause or notice as required by NRS 178.499(1). Wilson further argues that his bond should not have been exonerated immediately after bail was increased. Wilson acknowledges that he unsuccessfully challenged the increase in bail in a petition for a writ of mandamus filed in the district court, and the documents submitted to this court indicate that he did not appeal from any adverse decision. A writ of mandamus will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170. An appeal is generally an adequate legal remedy that precludes writ relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 223, 88 P.3d 840, 841 (2004). An order denying a petition for a writ of mandamus is SUPREME COURT OF NEVADA appealable. NRS 2.090(2); NRAP 3A(b)(1); Ashokan v. State, Dep't of Ins., (0) 194M 14,-2A341 109 Nev. 662, 665, 856 P.2d 244, 246 (1993). Because Wilson has failed to indicate why he did not pursue an appeal, we deny the petition. Accordingly, we ORDER the petition DENIED.

Parraguirre

—164,N tie-4Z\ , J. Hardesty Pickering

cc: Hon. Eric A. Goodman, Justice of the Peace Hon. Douglas Smith, District Judge Legal Resource Group 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

TOMMIE DEPEDRO WILSON, No. 70711 Petitioner, vs. LAS VEGAS JUSTICE COURT; ERIC A. GOODMAN, JUSTICE OF THE PEACE; FILED THE EIGHTH JUDICIAL DISTRICT SEP 21 2016 COURT OF THE STATE OF NEVADA, TRACE K. LINDEMAN IN AND FOR THE COUNTY OF CLERK 9f SUPREME COURT

CLARK; AND THE HONORABLE BY DEPUTY CLERK DOUGLAS SMITH, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of mandamus seeking an order directing the justice court or district court to reinstate bail or an order from this court reinstating petitioner Tommie Wilson to bail. Wilson argues that the justice court improperly increased the bail set at the jail without good cause or notice as required by NRS 178.499(1). Wilson further argues that his bond should not have been exonerated immediately after bail was increased. Wilson acknowledges that he unsuccessfully challenged the increase in bail in a petition for a writ of mandamus filed in the district court, and the documents submitted to this court indicate that he did not appeal from any adverse decision. A writ of mandamus will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law." NRS 34.170. An appeal is generally an adequate legal remedy that precludes writ relief. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 223, 88 P.3d 840, 841 (2004). An order denying a petition for a writ of mandamus is SUPREME COURT OF NEVADA appealable. NRS 2.090(2); NRAP 3A(b)(1); Ashokan v. State, Dep't of Ins., (0) 194M 14,-2A341 109 Nev. 662, 665, 856 P.2d 244, 246 (1993). Because Wilson has failed to indicate why he did not pursue an appeal, we deny the petition. Accordingly, we ORDER the petition DENIED.

Parraguirre

—164,N tie-4Z\ , J. Hardesty Pickering

cc: Hon. Eric A. Goodman, Justice of the Peace Hon. Douglas Smith, District Judge Legal Resource Group Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A e

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