State v. Dist. Ct. (Mccarty (Jason)) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
THE STATE OF NEVADA, No. 85284
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF FILED
CLARK; AND THE HONORABLE
MICHELLE LEAVITT, DISTRICT SEP 08 2022
ELIZA:7.111TH A. BROWN
JUDGE, CLERKQF CUPREME COURT
Respondents, BY
DEPUTY CLERK
and
JASON DUVAL MCCARTY,
Real Party in Interest.
ORDER DENYING EMERGENCY
PETITION FOR WRIT OF MANDAMUS
This original, emergency petition for a writ of mandamus
challenges a district court decision on the basis the district court manifestly
abused its discretion when it refused to grant a mistrial based upon clear
juror misconduct. Petitioner, the State, has also filed an emergency motion
for stay.
Having considered the petition and the transcripts of
proceedings provided by the State, we are not persuaded that the State has
demonstrated that our discretionary, extraordinary intervention is
warranted. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818
P.2d 849, 851 (1991) (providing that this court has sole discretion in
determining if a writ petition will be considered); Pan v. Eighth Judicial
Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (explaining that
petitioner bears the burden of demonstrating that extraordinary relief is
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warranted). To the contrary, we conclude that writ relief is not justified
because the district court did not abuse its considerable discretion in finding
that manifest necessity did not warrant granting the State's motion for a
mistrial over the defendant's objection. Rudin v. State, 120 Nev. 121, 142,
86 P.3d 572, 586 (2004) ("Where the State moves for a mistrial or the court
declares a mistrial on its own motion, double jeopardy bars retrial unless
the declaration of the mistrial was dictated by manifest necessity or the
ends of justice." (internal quotation marks omitted)); see also Jeffries v.
State, 133 Nev. 331, 333, 397 P.3d 21, 25 (2017). Accordingly, we
ORDER the petition DENIED.1
Silver
, J.
Cadish
Pick. . J.
Pickering
cc: Hon. Michelle Leavitt, District Judge
Attorney General/Carson City
Clark County District Attorney
Law Office of Christopher R. Oram
Hofland & Tomsheck
Eighth District Court Clerk
I-Given our disposition, we deny as moot the State's emergency motion
for stay of the district court proceedings.
SUPREME COURT
OF
NEVADA
2
ill) 1947A