Opinion
No. 75508 No. 75577
05-22-2018
LEONARD MORGAN HAIRSTON, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITIONS
These are original petitions seeking extraordinary relief. Leonard Morgan Hairston seeks a writ of certiorari, mandamus, prohibition, and/or habeas corpus. He asserts the district court acted without jurisdiction and without authority of law by continuing with proceedings against him after the Nevada Supreme Court dismissed his appeal for lack of jurisdiction.
We grant Hairston's motion to consolidate these petitions for disposition.
We have considered the petitions and conclude relief by way of extraordinary writ is not warranted. See NRS 34.020; NRS 34.160; NRS 34.320; NRS 34.360. The Nevada Supreme Court dismissed Hairston's appeal from an order granting a motion to quash a bench warrant and setting bail, finding it lacked jurisdiction because no statute or court rule permitted an appeal from such an order. See Hairston v. State, Docket No. 66372 (Order Dismissing Appeal, September 25, 2014). Contrary to Hairston's assertions, the dismissal of his appeal did not constitute a final decision in his underlying matter or deprive the district court of jurisdiction over his criminal case. Therefore, he has failed to demonstrate the district court lacked jurisdiction or he is being illegally restrained. Accordingly, we
We have considered all documents filed in these petitions and conclude no relief is warranted. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Carolyn Ellsworth, District Judge
Leonard Morgan Hairston
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk