Opinion
No. 74182-COA
12-04-2018
JEFFERY MULHALL, Petitioner, v. THE STATE OF NEVADA, Respondent.
ORDER DENYING PETITION
This original petition for a writ of mandamus and/or prohibition seeks an order directing the district court to reconsider and grant Jeffery Mulhall's motion to compel discovery of the search warrant issued in his criminal case. Mulhall states he needs the search warrant to file his postconviction petition for a writ of habeas corpus.
We have considered the petition on file herein, and we are not satisfied this court's intervention by way of extraordinary relief is warranted at this time. In particular, we note it appears Mulhall can challenge the denial of his motion to compel discovery on appeal from an order denying a postconviction petition for a writ of habeas corpus. NRS 177.045. Accordingly, without deciding upon the merits of any claims raised therein, we deny the petition. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330; NRAP 21(b)(1); Hickey v. Eighth Judicial Dist. Court, 105 Nev. 729, 731, 782 P.2d 1336 (1989); 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."). Therefore, we
We express no opinion as to whether petitioner could meet the procedural requirements of NRS chapter 34. --------
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Jeffery Mulhall
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk