Collins (Zaon) v. Justice Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA
ZAON COLLINS, No. 84063
Petitioner,
vs.
THE LAS VEGAS TOWNSHIP JUSTICE
COURT, IN AND FOR THE COUNTY
ULE
OF CLARK; AND THE HONORABLE OCT 3 1 2022
SUZAN BAUCUM, JUSTICE OF THE
PEACE, DEPARTMENT 13,
Respondents,
and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION FOR
WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of mandamus or
prohibition challenging a justice court order denying a motion to dismiss
charges.
Having considered the petition, the answer, the reply, and the
supporting documents, we are not persuaded that petitioner has
demonstrated that our discretionary extraordinary intervention is
warranted as petitioner has a plain, speedy, and adequate remedy in the
ordinary course of the law. 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, 223, 228, 88 P.3d 840, 841, 844 (2004)
(explaining that petitioner bears the burden of demonstrating that
extraordinary relief is warranted and "an appeal is generally an adequate
legal remedy that precludes writ relief'); see also N.R.Cr.P. 9 (a defendant
can file a petition for a writ of habeas corpus to challenge "lack of probable
22- 3c3f=t(p
cause or otherwise [challenge] the court's right or jurisdiction to proceed to
the trial of a criminal charge."); Gary u. Sheriff, Clark Cty., 96 Nev. 78, 80,
605 P.2d 212, 214 (1980). Accordingly, we
ORDER the petition DENIED.
, J.
Hardesty
A44C-44-0 J.
Stiglich
, J.
Herndon
cc: Chesnoff & Schonfeld
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
I()) 1947A