Opinion
No. 79524
09-18-2019
KIM BLANDINO, Petitioner, v. THE HONORABLE MICHELLE LEAVITT, DISTRICT JUDGE; THE STATE OF NEVADA; DISTRICT COURT JUDGES OF THE EIGHTH JUDICIAL DISTRICT COURT; THE CURRENT CHIEF JUDGE THE HONORABLE LINDA MARIE BELL; AND THE NEVADA SUPREME COURT JUSTICES, Respondents, and THE HONORABLE MICHELLE LEAVITT, DISTRICT JUDGE; THE STATE OF NEVADA; DISTRICT COURT JUDGES OF THE EIGHTH JUDICIAL DISTRICT COURT; THE CURRENT CHIEF JUDGE THE HONORABLE LINDA MARIE BELL; AND THE NEVADA SUPREME COURT JUSTICES, Real Parties in Interest.
ORDER DENYING PETITION FOR EXTRAORDINARY RELIEF
This "emergency petition for mandamus or prohibition or certiorari and habeas corpus or in the alternative some combination of the above and to suspend rules pursuant to NRAP 2 and to take judicial notice" seeks relief with respect to a variety of complaints. In particular, among other requests mentioned throughout the petition, in the conclusion section petitioner Kim Blandino specifically asks this court to suspend the rules under NRAP 2 and to order that his GPS monitoring device be removed; that he be allowed to enter the RJC under Marshall escort; that relief previously requested and denied in another case now be granted; that the prosecution against him be stopped because he has a right to investigate judicial corruption, file complaints, and ask for an apology or resignation; that this court or the judicial discipline commission grant him immunity under Article 6, Section 11(c) of the Nevada Constitution; and that the proceedings below be stayed. Alternatively, Blandino asks that he be released on his own recognizance.
The Nevada constitution authorizes the judicial discipline commission to grant immunity when it deems doing so "necessary and proper" in order to compel testimony and the production of documents for use in disciplinary cases. Nothing in the constitution requires the commission to grant immunity, and doing so here would not result in the automatic dissolution of the criminal proceedings against Blandino.
Having reviewed the petition, we conclude that Blandino has not demonstrated that our extraordinary intervention into the proceedings below, or as to the circumstances surrounding those proceedings, is warranted. Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that a petitioner bears the burden of demonstrating that extraordinary relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of an extraordinary writ is discretionary). We note that, to the extent Blandino seeks relief from the house arrest requirements and/or to be released on his own recognizance, it does not appear that Blandino has formally sought and been denied relief in his district court criminal case, or that he has sought to file a new district court petition under the vexations litigant order to which he refers and been denied relief. Accordingly, we
As Blandino has attached a copy of the August 29, 2019, district court hearing transcript to his September 13, 2019, emergency motion filed in this court, which transcript we have reviewed, we deny as moot his motion to accept the JAVS recording in lieu of transcripts. The clerk of this court shall return, unfiled, the CD provisionally submitted on September 9, 2019.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Linda Bell, Chief Judge
Hon. Michelle Leavitt, District Judge
Kim Blandino
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk