Nevada Supreme Court, 2020

Brown (Marlon) Vs. Dist. Ct. (State)

Brown (Marlon) Vs. Dist. Ct. (State)
Nevada Supreme Court · Decided November 16, 2020

Brown (Marlon) Vs. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARLON LORENZO BROWN, No. 82022 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF NOV 1 6 2020 CLARK; THE HONORABLE vuz,6,1:4.074 A. t•IP.OWN MICHELLE LEAVITT, DISTRICT CLERK OF SUPREME COURT JUDGE; AND THE HONORABLE RY SW MICHAEL VILLANI, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamus or prohibition challenges the 2019 reassignment of petitioner's postconviction habeas proceedings to a recused judge and seeks to vacate any subsequent orders of the recused judge as void. Having considered the petition and the documents before us, we decline to exercise our discretion to intervene in this matter because petitioner has a plain, adequate and speedy remedy by way of an appeal from an order denying a postconviction petition for a writ of habeas corpus.

See NRS 34.170; NRS 34.330; NRS 34.575(1); Pan v. Eighth Judicial Dist.

020 -1-ii(051-/ Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991).

Accordingly, we ORDER the petition DENIED.

cm") Parraguirre

AA.; J.

Hardesty

6A/Ai J.

Cadish

cc: Hon. Michael Villani, District Judge Hon. Michelle Leavitt, District Judge McAvoyamaya & Revero Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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