Burns (Trevor) v. Dist. Ct. (State) ( 2014 )


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  •                   see also State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev.           ,
    
    267 P.3d 777
    , 780 (2011) (defining manifest abuse and arbitrary or
    capricious exercise of discretion in context of mandamus). It will not issue
    if the petitioner has a plain, speedy, and adequate remedy in the ordinary
    course of the law. NRS 34.170. "Petitioner[ I carr[ies] the burden of
    demonstrating that extraordinary relief is warranted."       Pan v. Eighth
    Judicial Din. Court, 
    120 Nev. 222
    , 228, 
    88 P.3d 840
    ,844 (2004).
    Having considered the petition and its accompanying
    documents, we are not satisfied that our intervention by way of
    extraordinary writ is warranted. Even assuming that petitioner did not
    consent to electronic service pursuant to NRCP 5(b)(2)(D), he has not
    shown that he was prejudiced by the manner in which the grand jury
    notice was conveyed and therefore he has not demonstrated that the
    district court manifestly abused its discretion by denying his habeas
    petition.   See Lisle v. State, 
    113 Nev. 540
    , 551-52, 
    937 P.2d 473
    , 480
    (1997), clarified on reh'g, 
    114 Nev. 221
    , 224-25, 
    954 P.2d 744
    , 746-47
    (1998); see also Daniels v. State, 
    114 Nev. 261
    , 269-70, 
    956 P.2d 111
    , 116-
    17 (1998) (discussing the adequacy of a grand jury notice). Accordingly,
    we
    ORDER the petition DENIED.
    , J.
    SUPREME COURT
    OF
    NEVADA
    2
    0) 1947A    ce.
    cc: Hon. Jessie Elizabeth Walsh, District Judge
    Karen A. Connolly, Ltd.
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I94Th
    

Document Info

Docket Number: 65798

Filed Date: 7/22/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014