Blandino (Kim) v. Dist. Ct. Sheriff (State)
Blandino (Kim) v. Dist. Ct. Sheriff (State)
Opinion
Supreme Court OF NeEvaDA
(Oy INSTA ET
IN THE SUPREME COURT OF THE STATE OF NEVADA
KIM BLANDINO, No. 84271
Petitioner,
Vs.
JJOSEPH LOMBARDO, SHERIFF; THE
HONORABLE MICHELLE LEAVITT, = L E aN
DISTRICT JUDGE; AND THE Ls
HONORABLE LINDA MARIE BELL, OF FEB 25
THE EIGHTH JUDICIAL DISTRICT a2
COURT, CLERC OP SURE ME COUR
Respondents, B and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION FOR EXTRAORDINARY WRIT RELIEF
This original, pro se petition for extraordinary writ relief seeks, on double jeopardy grounds, dismissal of the criminal charges against petitioner. In so seeking, petitioner acknowledges that he has not been convicted of the charged crimes at this point but points to circumstances of his pretrial detention and house arrest.
Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted. See United States v. Warneke, 199 F.3d 906, 908 (7th Cir. 1999) (“Pretrial detention does not trigger the attachment of ‘jeopardy’ so as to invoke the protection of the Double Jeopardy Clause. And, the statute authorizing pretrial detention, 18 U.S.C. § 3142, is remedial, not punitive.” (internal citations omitted)); Pan v. Highth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ
relief bears the burden of showing such relief is warranted); Smith v. Eighth
22-0660
Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition).
Accordingly, we ORDER the petition DENIED.
C.J.
Parraguirre
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Hardesty
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cc: Hon. Linda Marie Bell, Chief Judge Hon. Michelle Leavitt, District Judge Kim Blandino Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
Supreme Court OF Nevaoa 2
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Reference
- Status
- Published