RUSSELL v. The State of Nevada, Real Party in Interest. (2024)

ORDER DENYING MANDAMUS PETITION

This is an original pro se petition for a writ of mandamus challenging the district court's evidentiary rulings at petitioner's trial and the validity of his conviction.

Petitioner was convicted in 2019, pursuant to a jury verdict, of murder with the use of a deadly weapon, and sentenced to serve a prison term of life without the possibility of parole and a consecutive prison term of 72-240 months. In this petition, petitioner challenges several of the district court's evidentiary rulings prior to and during trial, and generally the validity of his conviction. Petitioner's challenge to the denial of his pretrial motion to suppress has previously been considered and rejected by this court. See Russell v. State, No. 78359, 2021 WL 150800 (Nev. Jan. 15, 2021) (Order of Affirmance).

Petitioner has not provided this court with any exhibits or documents in support of his petition and necessary for this court's consideration of the petition. See NRAP 21(a)(4) (providing that petitioner shall submit an appendix containing all documents “essential to understand[ing] the matters set forth in the petition”). Petitioner bears the burden of showing that extraordinary relief is warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). We conclude that petitioner has failed to demonstrate our intervention by extraordinary writ is warranted.

Therefore, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   Petitioner has failed to provide proof of service upon respondent and real party in interest, thus constituting an additional reason to deny the petition.