Nevada Supreme Court, 2022

Maffit (David) v. Dist. Ct. (State)

Maffit (David) v. Dist. Ct. (State)
Nevada Supreme Court · Decided March 21, 2022
Maffit (David) v. Dist. Ct. (State)

Opinion

Supreme Count

OF

Nevana

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IN THE SUPREME COURT OF THE STATE OF NEVADA

DAVID MAFFIT, No. 84187

Petitioner. vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK: AND THE HONORABLE FILED

MONICA TRUJILLO, DISTRICT

JUDGE, MAR 21 2022

Respondents,

ELIZABETH A. BROWN and CLERK pe om

THE STATE OF NEVADA, or cil

Real Party in Interest.

ORDER DENYING PETITION

This is an original petition for a writ of mandamus and/or prohibition challenging a district court order denying mandamus and/or prohibition relief in which petitioner sought dismissal of the criminal complaint and requested a jury trial.

Having considered the petition and supporting documentation, we are not convinced that our extraordinary and discretionary intervention is warranted because petitioner has not demonstrated that a direct appeal from a judgment of conviction would not be “a plain, speedy and adequate remedy in the ordinary course of law.” NRS 34.170; NRS 34.330; Pan v. Eighth 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 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.

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Hardesty

Ab ge LJ.

Stiglich ec: Hon. Monica Trujillo, District Judge

The Pariente Law Firm, P.C.

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SuPREME COURT oF

NEVADA (0) 1997A EID 9

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