Nevada Supreme Court, 2022

Mclaughlin (Michael) v. Dist. Ct. (State)

Mclaughlin (Michael) v. Dist. Ct. (State)
Nevada Supreme Court · Decided June 24, 2022

Mclaughlin (Michael) v. Dist. Ct. (State)

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

MICHAEL TRACY MCLAUGHLIN, No. 84786 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, i< •

ILE IN AND FOR THE COUNTY OF CLARK, UN 2 4 2022 Respondent, A. BROWN UPRENE and BY DE aEw THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION

This original pro se petition for a writ of mandamus, or prohibition, seeks a writ directing the district court to vacate petitioner's sentence and hold a new sentencing hearing, due to alleged errors in petitioner's judgment of conviction.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). It is petitioner's burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief.

See NRAP 21(a)(4) (providing the petitioner shall submit an appendix SUPREME COURT OF NEVADA

(0) 1947A agOr. 2,0°Vf containing all documents "essential to understand the matters set forth in the petition). Accordingly, we ORDER the petition DENIED.

,C.J.

Parraguirre

J.

Hardesty

J.

Stiglich cc: Michael Tracy McLaughlin Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA

(01 I )47A ASP

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA MICHAEL TRACY MCLAUGHLIN, No. 84786 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, i< • ILE IN AND FOR THE COUNTY OF CLARK, UN 2 4 2022 Respondent, A. BROWN UPRENE and BY DE aEw THE STATE OF NEVADA, Real Party in Interest. ORDER DENYING PETITION This original pro se petition for a writ of mandamus, or prohibition, seeks a writ directing the district court to vacate petitioner's sentence and hold a new sentencing hearing, due to alleged errors in petitioner's judgment of conviction. The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). It is petitioner's burden to demonstrate that extraordinary relief is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Problematically, petitioner has not provided this court with exhibits or other documentation that would support his claims for relief. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix SUPREME COURT OF NEVADA (0) 1947A agOr. 2,0°Vf containing all documents "essential to understand the matters set forth in the petition). Accordingly, we ORDER the petition DENIED. ,C.J. Parraguirre J. Hardesty J. Stiglich cc: Michael Tracy McLaughlin Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA (01 I )47A ASP 2

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