Opinion
No. 57885.
04-06-2011
Lianne DOVERSOLA, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Donald M. Mosley, Respondents, and The State of Nevada, Real Party in Interest.
Mueller Hinds & Associates Attorney General/Carson City Clark County District Attorney
Mueller Hinds & Associates
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This original petition for a writ of certiorari, mandamus or prohibition challenges a district court order affirming petitioner's conviction in justice court for DUI. Petitioner complains that the justice court erroneously admitted an affidavit from the nurse who drew petitioner's blood for a blood alcohol test in lieu of the nurse's appearance at trial over petitioner's objection and therefore the district court erred by affirming her conviction. The district court enjoys final appellate jurisdiction in cases arising from justice court. Nev. Const., art. 6, § 6. As petitioner appealed her conviction to the district court and apparently raised her challenge to the justice court's admission of the nurse's affidavit, petitioner had a plain, speedy and adequate remedy at law. NRS 34.020(2) ; NRS 34.170 ; NRS 34.330. Additionally, petitioner wholly failed to provide any supporting documentation showing that the district court exceeded its jurisdiction or manifestly abused its discretion in resolving the appeal of her conviction. See NRS 34.020(2) ; NRS 34.160 ; NRS 34.320. Accordingly, petitioner has failed to demonstrate that our intervention by way of extraordinary relief is warranted and therefore we deny the petition. See NRAP 21(b).
It is so ORDERED.