Opinion
No. 82959
10-15-2021
Daniel Leroy MCGUINNESS, Petitioner, v. The ELEVENTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF PERSHING; and the Honorable Jim C. Shirley, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
Hon. Jim C. Shirley, District Judge Pershing County Public Defender Pershing County District Attorney
Hon. Jim C. Shirley, District Judge
Pershing County Public Defender
Pershing County District Attorney
ORDER DENYING PETITION
This petition for a writ of prohibition challenges a district court order placing petitioner on court services while out of custody pretrial and directing that he submits to alcohol and drug testing. We are not satisfied that this court's intervention by way of a writ of prohibition is warranted because the district court had jurisdiction over the criminal case and the defendant and therefore a writ of prohibition is not available. See NRS 34.320 (providing that a writ of prohibition "arrests the proceedings of any tribunal ... exercising judicial functions, when such proceedings are without or in excess of the [tribunal's] jurisdiction"); 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"); see also Poulos v. Eighth Judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (recognizing that it is within the discretion of this court to determine if a petition will be considered). Accordingly, we
To the extent petitioner challenges an administrative order directing pretrial testing of all out-of-custody defendants before arraignment and sentencing, we decline to consider such a challenge because petitioner was not tested pursuant to the administrative order.
The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.