Opinion
No. 76954
11-15-2018
DAVONTAE AMARRI WHEELER, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE MICHELLE LEAVITT, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of mandamus or prohibition challenging the district court's order denying a pretrial petition for a writ of habeas corpus. We conclude that our intervention by extraordinary writ is not warranted. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330; see also 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); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 816 P.2d 458 (1991) (recognizing that the prosecutor has a duty to present the grand jury with evidence which will explain away the charge); Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (disfavoring review of a pretrial probable cause determination through an original writ proceeding). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Cherry
/s/_________, J.
Parraguirre
/s/_________, J.
Stiglich cc: Hon. Michelle Leavitt, District Judge
James J. Ruggeroli
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk