Blandino (Kim) v. Dist. Ct. Sheriff (State)

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 [Mer lack, ok

Hardesty eh 9,0 Q , J. tiglich 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 th IATA Bes