Nevada Supreme Court, 2020

Grimes (Bennett) Vs. Dist. Ct. (State)

Grimes (Bennett) Vs. Dist. Ct. (State)
Nevada Supreme Court · Decided September 3, 2020

Grimes (Bennett) Vs. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

BENNETT GRIMES, No. 81531 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE SEP 0 3 2020 MICHELLE LEAVITT, DISTRICT CLE BROWN PRO& COLINC..„ JUDGE, Bfí 1C DEPUTY CLEW Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This original pro se petition for a writ of mandamus seeks a writ directing the district court to grant petitioner's motion to correct an illegal sentence.

Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief.

See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all docurnents "essential to understand the matters set forth in the petition").

We reiterate that "[p]etitioner[ ] cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). A writ of SUPFiEFAE COURT mandamus will not issue when petitioner has a "plain, speedy and adequate o NEVADA (Op 1947A Aling.. • .!: •••, • • •• , remedy in the ordinary course of law." Gurnrn v. State, Dep't of Educ., 121 Nev. 371, 375, 113 P.3d 853, 856 (2005); NRS 34.170. Petitioner has not established that an eventual appeal does not afford an adequate legal remedy. Pan, 120 Nev. at 224, 88 P.3d at 841 ("[I]he right to appeal is generally an adequate legal remedy that precludes writ relief.").

Accordingly, we ORDER the petition DENIED.

,J Hardesty

cc: Hon. Michelle Leavitt, District Judge Bennett Grimes Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

Case-law data current through December 31, 2025. Source: CourtListener bulk data.