Bailey (Jayshawn) Vs. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAYSHAWN BAILEY, No. 82310 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; MAR 0 9 2021 AND THE HONORABLE MICHELLE fH A. BROWN UPREME COURT LEAVITT, DISTRICT JUDGE, CLERK Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of a mandamus, or alternatively, writ of prohibition challenges a district court order denying a pretrial petition for a writ of habeas corpus in which petitioner alleged that the medical examiner gave improper expert testimony at the preliminary hearing. We conclude that our intervention by extraordinary relief is not warranted because our review of pretrial probable cause determinations is generally disfavored, see Kussrnan v. Eighth Judicial Dist. Court, 96 Nev. 544, 545- 46, 612 P.2d 679, 680 (1980), and because the appendix does not include the transcript of the hearing on the petition filed in district court, see NRAP 21(a)(4) ("The appendix shall include . . . parts of the record before the respondent judge . . . that may be essential to understand the matters set forth in the petition"); see also NRS 34.160; Poulos v. Eighth Judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (recognizing that it is within this court's discretion to determine if a petition for extraordinary relief will be considered). Further, a writ of prohibition is not available because the district court had jurisdiction over the criminal case and the SUPREME COURT OF NEVADA

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defendant. See NRS 34.320; Goicoechea v. Fourth Judicial Dist. Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (holding that a writ of prohibition "will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration"). Accordingly, we ORDER the petition DENIED.

Parraguirre

, J. Stiglich

Silver

cc: Hon. Michelle Leavitt, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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