Blandino (Kim) v. Dist. Ct. Sheriff (State) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
KIM BLANDINO, No. 84271
Petitioner,
vs.
JJOSEPH LOMBARDO, SHERIFF; THE
HONORABLE MICHELLE LEAVITT,
DISTRICT JUDGE; AND THE FILED
HONORABLE LINDA MARIE BELL, OF
FEB 2 5 2022
THE EIGHTH JUDICIAL DISTRICT
COURT,
Respondents,
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 ornitted)); 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
SUPREME COURT
OF
NEVADA
01) 1947A
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.
Hardesty
AlAsba,._0
stiglich
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
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