Opinion
No. 86538
12-14-2023
Nathan CHASING HORSE, Appellant, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Carli Lynn Kierny, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or, alternatively, prohibition challenges a district court order denying a pretrial petition for a writ of habeas corpus.
We are not satisfied that petitioner has demonstrated that entertaining the writ is warranted, and without deciding upon the merits of the claims raised in the petition, we decline to exercise our original jurisdiction. See NRS 34.160 ; NRS 34.320 ; Pan v. Eighth Judicial Dist . Court , 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that a petitioner bears "the burden of demonstrating that extraordinary relief is warranted"); Smith v. Eighth Judicial Dist. Court , 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the "the issuance of a writ of mandamus or prohibition is purely discretionary with this court"). Accordingly, we
ORDER the petition DENIED.
HERNDON, J., dissenting:
I would exercise jurisdictional discretion and entertain the writ in order to reach the merits of the issues raised in the petition. I, therefore, respectfully dissent.