IN THE SUPREME COURT OF THE STATE OF NEVADA

BRET BLACK, JR., No. 80109 Petitioner, vs. THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILE 0, STOREY; AND THE HONORABLE IAN 2 :fr.)

JAMES E. WILSON, DISTRICT JUDGE, j.

Respondents, ELI A. e.rtoy.w .

OLE -OURT and BY IDEPU CLER.:,< ANNE M. LANGER, STOREY COUNTY DISTRICT ATTORNEY, Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamus challenges the district court's determination to conduct a comprehensive evidentiary hearing, including facts relating to the underlying criminal case,' to determine whether petitioner should be placed in a forensic facility. We decline to exercise original jurisdiction in this matter. NRS 34.160; NRS 34.320; see also State u. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 931, 267 P.3d 777, 779-80 (2011) (defining an arbitrary and capricious exercise of discretion and determining that "the decision to entertain an extraordinary writ petition lies within our discretion"); Round Hill Gen. Imp. Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981)

'Petitioner was charged with murder but found incompetent to stand trial with no substantial probability that he would attain competency in the forseeable future. Consequently, the criminal charges were dismissed pursuant to NRS 178.425(5), and the State filed a motion to commit petitioner pursuant to NRS 178.461.

v3Ifl (recognizing that mandamus relief may be warranted where district court's ruling was a manifest abuse or arbitrary or capricious exercise of discretion); Goicoechea v. Fourth Judicial Dist. Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (A writ of prohibition . . . will not issue if the court sought to be restrained had jurisdiction to hear and deterinine the matter under consideration."). Accordingly, we ORDER the petition DENIED.2

C.J.

Pickering

J.

Gibbo

, Sr. J.

Douglas

cc: Hon. James E. Wilson, District Judge Law Office of David R. Houston Law Offices of Kenneth E. Lyon, III Attorney General/Carson City Storey County District Attorney Storey County Clerk

2The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment.

SUPREME COURT OF NEVADA 1.1 1447A