Opinion
No. 75996
10-12-2018
DEANGELO LAMONT MITCHELL, Petitioner, v. THE HONORABLE RICHARD SCOTTI, DISTRICT JUDGE, Respondent.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus. Deangelo Lamont Mitchell asks this court to resolve two questions: (1) "Whether a petition that merely questions the constitutionality of a criminal statute is deemed a challenge to the validity of a prisoner's conviction?" and (2) "Whether a civil judge has jurisdiction to entertain a petition that questions the constitutionality of a criminal statute?"
We have considered the petition, and we are not satisfied this court's intervention by way of extraordinary writ is warranted. See NRS 34.160; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) ("Petitioner[ ] carr[ies] the burden of demonstrating that extraordinary relief is warranted."); see also Personhood Nevada v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010) ("This court's duty is not to render advisory opinions but, rather, to resolve actual controversies by an enforceable judgment."). Accordingly, without deciding upon the merits of any claims raised, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Richard Scotti, District Judge
Deangelo Lamont Mitchell
Attorney General/Carson City
Eighth District Court Clerk