Maffit (David) v. Dist. Ct. (State) ( 2022 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
DAVID MAFFIT, No. 84187
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE FILED
MONICA TRUJILLO, DISTRICT
JUDGE, MAR 2 1 2022
Respondents,
and
THE STATE OF NEVADA, DEPUTY CLERK
Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus and/or
prohibition challenging a district court order denying mandamus and/or
prohibition relief in which petitioner sought dismissal of the criminal
complaint and requested a jury trial.
Having considered the petition and supporting documentation,
we are not convinced that our extraordinary and discretionary intervention
is warranted because petitioner has not demonstrated that a direct appeal
from a judgment of conviction would not be "a plain, speedy and adequate
remedy in the ordinary course of law." NRS 34.170; NRS 34.330; 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); Srnith v. Eighth Ju.dicial Dist. Court, 107 Nev.
674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an
SUPREME COURT
OF
NEVADA
(0) 1947A 04610
08SO
extraordinary remedy and that this court has sole discretion in determining
whether to entertain a writ petition). Accordingly, we
ORDER the petition DENIED.
Pariaguirre
Hardesty
Stiglich
cc: Hon. Monica Trujillo, District Judge
The Pariente Law Firm, P.C.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
2