Opinion
No. 71819
09-29-2017
THE STATE OF NEVADA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; THE HONORABLE JESSIE ELIZABETH WALSH, DISTRICT JUDGE; AND THE HONORABLE NANCY M. SAITTA, Respondents, and KENEISHA HALSTEAD, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus to vacate the evidentiary hearing on Halstead's coram nobis petition and deny Halstead's petition entirely. We deny the State's petition for a writ of mandamus without prejudice.
This court may not issue a writ where the petitioner has a plain, speedy, and adequate remedy in the ordinary course of law. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). For appellate purposes, a writ of coram nobis is treated as a civil writ, even if it is asserted in a criminal matter, and is appealable under NRAP 3A(b)(1). Trujillo v. State, 129 Nev. 706, 718, 310 P.3d 594, 602 (2013). Thus, the State has an adequate remedy at law to appeal the final judgment on Halstead's petition, after Halstead's claims are clarified by evidentiary hearing, and this court's intervention by writ is unwarranted. Accordingly, we deny the State's petition without prejudice.
It is so ORDERED.
/s/_________, J.
Douglas
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Chief Judge, The Eighth Judicial District Court
Hon. Nancy M. Saitta, Senior Justice
Attorney General/Carson City
Clark County District Attorney
Wooldridge Law
Eighth District Court Clerk