Opinion
No. 70567
12-15-2016
Hank Clackum, Petitioner, v. Clark County Justice Court, Henderson Township; the Honorable Rodney Burr, Justice of the Peace; The Eighth Judicial District Court of the State of Nevada, in and for The County of Clark; and the Honorable Kathy A. Hardcastle, Senior Judge, Respondents, and The State of Nevada, Real Party in Interest.
Clark County Public Defender Attorney General/Carson City Clark County District Attorney
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This petition for a writ of mandamus asks this court to direct the dismissal of count 1, lewdness with a child under the age of 14, for lack of jurisdiction. A writ of mandamus will issue only "where there is not a plain, speedy and adequate remedy in the ordinary course of law," NRS 34.170, and an appeal is generally an adequate legal remedy that precludes writ relief, Pan v. Eighth Judicial Dist. Court , 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Petitioner has an adequate remedy at law. See NRS 2.090(2) (the district court's denial of a petition for a writ of mandamus is an appealable decision); NRAP 3A(b)(l) ; Shannon v. State , 105 Nev. 782, 791, 783 P.2d 942, 947 (1989) (allowing a challenge as to jurisdiction to be raised on appeal). Petitioner fails to demonstrate that the circumstances in this case warrant this court's exercise of its original jurisdiction. See State v. Second Judicial Dist. Court (Ducharm) , 118 Nev. 609, 614, 55 P.3d 420, 423 (2002). Accordingly, we
To the extent petitioner seeks a writ of prohibition, he fails to provide any authority or argument for the issuance of said writ.
The stay previously imposed by this court is lifted.
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