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Mulhall v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 4, 2018
No. 74182-COA (Nev. App. Dec. 4, 2018)

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


Summaries of

Mulhall v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Dec 4, 2018
No. 74182-COA (Nev. App. Dec. 4, 2018)
Case details for

Mulhall v. State

Case Details

Full title:JEFFERY MULHALL, Petitioner, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Dec 4, 2018

Citations

No. 74182-COA (Nev. App. Dec. 4, 2018)