BLANDINO v. Aaron D. Ford, Attorney General for the State of Nevada, Real Party in Interest. (2020)

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS, MANDAMUS, OR CERTIORARI

Petitioner Kim Blandino seeks relief from a December 6, 2019, order referring him for competency evaluations and from an oral January 3, 2020, ruling remanding him to custody for the purpose of obtaining the competency evaluations.

The issuance of extraordinary writ relief is purely discretionary with this court, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and the petitioner bears the burden to demonstrate that writ relief is warranted, see Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228-29, 88 P.3d 840. 844 (2004): see also NRAP 21. Having reviewed the emergency petition, the supplements thereto, and the supporting documentation, we conclude that Blandino has not demonstrated that our extraordinary intervention is warranted at this time. See Olivares v. State, 124 Nev. 1142, 1148, 195 P.3d 864, 868 (2008) (“A district court abuses its discretion and denies a defendant his right to due process when there is reasonable doubt regarding a defendants competency and the district court fails to order a competency evaluation.”). Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, Blandino’s January 21, 2020, motion to stop the CCDC from taking various actions alleged to violate court-access rights is denied as moot.