Opinion
No. 81057
05-14-2020
Jimmy Todd KIRKSEY, 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.
Attorney General/Carson City Clark County District Attorney
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION
This original pro se petition for a writ of mandamus or prohibition seeks a writ directing the district court to enter an order correcting petitioner's conviction from first-degree murder to manslaughter or prohibiting the district court from conducting a new penalty hearing based on his alleged incompetence.
Problematically, petitioner has not provided this court with all of the exhibits or documentation that would support his claims for relief. See NRAP 21(a)(4) (providing the petitioner shall submit an appendix containing all documents "essential to understand the matters set forth in the petition"). Therefore, without deciding the merits of the claims raised, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b).
We reiterate that "[p]etitioner[ ] 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). Accordingly, we deny the petition.
It is so ORDERED.