EDWARD JACOB IGLEHART v. THE STATE OF NEVADA (2023)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency, original petition for a writ of mandamus challenges a district court order granting a mistrial due to juror misconduct.

Having considered the petition, appendix, and supplemental appendix,¹ we conclude that our extraordinary and discretionary intervention is not warranted. See Walker v. Second Judicial Dist. Court, 136 Nev. 678, 681, 476 P.3d 1194, 1197 (2020) (observing that this court generally does not entertain mandamus petitions aimed at correcting discretionary action); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Moreover, to the extent petitioner asserts double jeopardy concerns, we note that such issues may be raised in the district court in the first instance. Accordingly, we

ORDER the petition DENIED.²

Herndon, J.

Lee, J.

Parraguirre, J.

FOOTNOTES

1.   Petitioner's motion for leave to file a supplemental appendix is granted; the supplemental appendix was filed on October 10, 2023.

2.   In light of this order, petitioner's emergency motion for stay is denied as moot.