Opinion
No. 77081
10-04-2018
DEANDRE GATHRITE, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUGLAS W. HERNDON, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF PROHIBITION
This original, emergency petition for a writ of prohibition challenges a district court ruling setting an evidentiary hearing on petitioner's pre-trial petition for a writ of habeas corpus and motion to dismiss for prosecutorial misconduct.
Having considered the petition and supporting documents, we are not persuaded that our extraordinary and discretionary intervention is warranted at this time. NRAP 21(b); NRS 34.320; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, the district court has not yet ruled on petitioner's petition and motion, and petitioner has not demonstrated that our intervention before the scheduled evidentiary hearing is necessary to prevent irreparable harm. Accordingly, we decline to exercise our discretion to intervene at this time, and we
In light of this order, we deny as moot petitioner's emergency motion for stay. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Douglas W. Herndon, District Judge
Lobo Law PLLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk