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Ruffa v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 74629 (Nev. App. Mar. 14, 2018)

Opinion

No. 74629

03-14-2018

DAVID PHILLIP RUFFA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent.


ORDER DENYING PETITION

In this original petition for a writ of mandamus, David Phillip Ruffa asks this court to provide him with a court hearing to exonerate himself. Ruffa appears to assert DNA evidence collected from the victim would demonstrate he is actually innocent of the crimes for which he was convicted.

To the extent Ruffa is requesting to have genetic marker analysis performed on the evidence collected from the victim, Ruffa must file a postconviction petition requesting genetic marker analysis with the district court in the county in which he was convicted. See NRS 176.0918(1), (2). To the extent Ruffa has already sought, and been denied, such relief, Ruffa may appeal the district court's decision. See NRS 176.09183(6). Because it appears Ruffa has a plain, speedy, and adequate remedy available to him, we conclude this court's intervention by way of extraordinary writ is not warranted. See NRS 34.170. Therefore, without considering the merits of the claim raised, we

ORDER the petition DENIED.

/s/_________, C.J.

Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: David Phillip Ruffa

Eighth District Court Clerk


Summaries of

Ruffa v. Eighth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Mar 14, 2018
No. 74629 (Nev. App. Mar. 14, 2018)
Case details for

Ruffa v. Eighth Judicial Dist. Court

Case Details

Full title:DAVID PHILLIP RUFFA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Mar 14, 2018

Citations

No. 74629 (Nev. App. Mar. 14, 2018)