Murcia (Joshua) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA
JOSHUA MURCIA, No. 85012
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, FILE
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE JUL 29 2022
CHRISTY L. CRAIG, DISTRICT JUDGE, ELIZABETH A. BROWN
CLERK OF SUTEME COURT
Respondents, BY .Y
and DEPUTY2L-ELRVY
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus challenging
a district court order denying a pretrial petition for a writ of habeas corpus
based on insufficiency of the evidence.' Having considered the petition, we
are not persuaded that our extraordinary and discretionary intervention is
warranted. Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46,
612 P.2d 679, 680 (1980) (providing that original petitions challenging
pretrial probable cause determinations are disfavored); see NRS 34.170;
Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841
(2004) (explaining that petitioner bears the burden of demonstrating that
writ relief is warranted); Srnith v. Eighth Judicial Dist. Court, 107 Nev.
674, 677, 818 P.2d 849, 851 (1991) (noting that writ relief is purely
discretionary).
'Although petitioner styles his petition as one for a writ of
"Prohibition/Mandamus," the substance of his petition addresses only
mandamus relief.
SUPREME COURT
OF
NEVADA
(0) 1947A a:CO
2 -P-316-0
Additionally, petitioner has failed to provide this court with a
written copy of the district court order he challenges.2 This court normally
will not consider a petition for extraordinary relief absent the challenged
written district court order. Rust u. Clark Cty. Sch. Dist., 103 Nev. 686, 689,
747 P.2d 1380, 1382 (1987) ("An oral pronouncement of judgment is not
valid for any purpose."); NRAP 21(a)(4) (appendix must contain documents
necessary to understand petition).
Accordingly, we
ORDER the petition DENIED.
ICA
Parraguirre
AC.-A J.
Hardesty
AC4-0
44
Stiglich
cc: Hon. Christy L. Craig, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
2In his petition, petitioner seeks leave to supplement the appendix
with the district court order, however, to date, no such district court order
has been provided. In light of this order denying the petition, we take no
action on petitioner's request for leave to supplement the appendix.
SUPREME COURT
OF
NEVADA
2
(0) 1947A 444&44