Blandino (Kim) Vs. Sheriff (State)
Blandino (Kim) Vs. Sheriff (State)
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
KIM BLANDINO, No. 83259 Petitioner, vs. JOSEPH LOMBARDO, SHERIFF; THE HONORABLE MICHELLE LEAVITT, DISTRICT JUDGE; AND THE FILED HONORABLE LINDA MARIE BELL, OF THE EIGHTH JUDICIAL DISTRICT AUG 1 9 2021 COURT, ELIZABETH A. BROWN CLERK OF SUPREME COURT Respondents, BY S e-M‘-er DEPUTY C and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION FOR EXTRAORDINARY RELIEF In this third original, emergency petition for writ relief concerning the conditions of petitioner's bail, petitioner again asks this court to allow him, while on house arrest pending a criminal trial, to visit his son in California, explaining that he still cannot seek relief in the district court due to a long-pending motion to disqualify the district judge.
Petitioner also seeks relief from an alleged violation of his right to a speedy trial.
As it appears that petitioner's rnotion to disqualify the district judge has been resolved, such that any motions concerning his house arrest and trial can now move forward, we conclude that our extraordinary intervention is not warranted at this time. See Pan v. Eighth Judicial Dist.
Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004) (explaining that petitioner bears the burden to demonstrate that extraordinary relief is SUPREME COURT OF NEVADA
cOf PAM .ISPIr.
401-A4121-1.3 M5y.: warranted and that the availability of a future appeal is generally an adequate legal remedy barring writ relief); Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (noting that the decision to entertain a petition for extraordinary writ relief lies within the discretion of this court); see also Valdez-Jimenez v. Eighth Judicial Dist.
Court, 136 Nev. 155, 161, 460 P.3d 976, 984 (2020) (recognizing that the district court's imposition of reasonable conditions on bail is a discretionary act); Farmer v. State, 133 Nev. 693, 702, 405 P.3d 114, 122-23 (2017) (analyzing a direct appeal argurnent that appellant's speedy trial rights were violated). Accordingly, we ORDER the petition DENIED.
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cc: Hon. Linda Marie Bell, Chief Judge Hon. Michelle Leavitt, District Judge Kiin Blandino Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA
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