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Collins v. Eighth Judicial Dist. Court of Nev.

SUPREME COURT OF THE STATE OF NEVADA
May 30, 2013
No. 63144 (Nev. May. 30, 2013)

Opinion

No. 63144

05-30-2013

MELVIN COLLINS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUG SMITH, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition challenges a district court order denying a pretrial petition for a writ of habeas corpus in which petitioner argued that there was no probable cause to support multiple counts of burglary and fraudulent use of a credit/debit card. Our review of a pretrial probable cause determination through an original writ petition is disfavored, see Kussman v. District Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980), and petitioner has not demonstrated that his challenge to the probable cause determination fits the exceptions we have made for purely legal issues, see Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816 P.2d 458, 459-60 (1991); State v. Babayan, 106 Nev. 155, 174, 787 P.2d 805, 819-20 (1990). Therefore, extraordinary relief is not warranted, and we

ORDER the petition DENIED.

____, J.

Gibbons
____, J.
Douglas
____, J.
Saitta
cc: Hon. Doug Smith, District Judge

Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Collins v. Eighth Judicial Dist. Court of Nev.

SUPREME COURT OF THE STATE OF NEVADA
May 30, 2013
No. 63144 (Nev. May. 30, 2013)
Case details for

Collins v. Eighth Judicial Dist. Court of Nev.

Case Details

Full title:MELVIN COLLINS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: May 30, 2013

Citations

No. 63144 (Nev. May. 30, 2013)