Opinion
No. 80638-COA
05-11-2020
Annese DUNLEAVY, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Richard Scotti, District Judge, Respondents, and City of Las Vegas, Real Party in Interest.
Law Offices of John G. Watkins The Pariente Law Firm, P.C. Attorney General/Carson City Las Vegas City Attorney/Criminal Division
Law Offices of John G. Watkins
The Pariente Law Firm, P.C.
Attorney General/Carson City
Las Vegas City Attorney/Criminal Division
ORDER DENYING PETITION
In this original petition for a writ of mandamus, Annese Dunleavy seeks an order vacating her adjudication of guilt on a driving under the influence charge and remanding for a new trial.
A writ of mandamus is available to compel the performance of an act which the law requires as a duty resulting from an office, trust, or station, NRS 34.160, or to control a manifest abuse or arbitrary or capricious exercise of discretion, Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981). Mandamus is an extraordinary remedy, and it is within the discretion of this court to determine if a petition will be considered. See Poulos v. Eighth Judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) ; see also State ex rel. Dep’t of Transp. v. Thompson, 99 Nev. 358, 360, 662 P.2d 1338, 1339 (1983). "Petitioned[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dist . Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). We conclude Dunleavy has failed to demonstrate this court’s intervention by way of extraordinary writ is warranted. Accordingly, we
ORDER the petition DENIED.