Dillard v. Eighth Judicial Dist. Court of Nev.

Full title: EDRICK DILLARD, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE…

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 28, 2017

No. 74085 (Nev. App. Dec. 28, 2017)

Opinion

No. 74085

12-28-2017

EDRICK DILLARD, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.

Silver

ORDER DENYING PETITION

This original pro se petition for a writ of mandamus and/or prohibition seeks an order directing the State to comply with a district court order that directs the State to turn DNA evidence over to Edrick Dillard. It appears Dillard has a plain, speedy, and adequate remedy at law, and therefore this court's intervention by way of an extraordinary writ is not warranted. See NRS 34.170; NRS 34.330. Specifically, Dillard should seek enforcement of the district court order in the district court in the first instance. Accordingly, without reaching the merit of the claim raised, we

ORDER the petition DENIED.¹

1 We deny Dillard's request to consolidate this matter with his appeal in Docket No. 71710. --------

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. William D. Kephart, District Judge

Edrick Dillard

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk