Opinion
No. 72292
03-22-2017
DOUGLAS HARRY WARENBACK, Petitioner, v. THE STATE OF NEVADA, Respondent.
cc: Douglas Harry Warenback Attorney General/Carson City
ORDER DENYING PETITION
This original petition for a writ of certiorari seeks a ruling that NRS 34.020(3), which provides that a petition for a writ of certiorari is available when the district court passes on the constitutionality of a statute or municipal ordinance in an appeal taken from a justice or municipal court action, is unconstitutional.
Petitioner Douglas Harry Warenback previously sought a petition for a writ of certiorari, which the Nevada Supreme Court denied because he essentially sought an advisory opinion on an abstract legal question and a writ of certiorari is not available for that purpose, nor will the court render an advisory opinion on an abstract question. Warenback v. State, Docket No. 71971 (Order Denying Petition, January 17, 2017). Warenback now asserts NRS 34.020(3) is unconstitutional because the only way he can obtain this court's jurisdiction to review his prior petition is to commit a new felony. A writ of certiorari is not available to address the issue raised by Warenback. See NRS 34.020(2), (3). Therefore, we decline to consider the petition, and we
ORDER the petition DENIED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Douglas Harry Warenback
Attorney General/Carson City