THE STATE OF NEVADA v. LESLIE MCAFEE (2024)

Supreme Court of Nevada.

THE STATE OF NEVADA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JENNIFER L. SCHWARTZ, DISTRICT JUDGE, Respondents, LESLIE S. MCAFEE, Real Party in Interest.

No. 88413

Decided: April 05, 2024

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency, original petition for a writ of mandamus seeks to compel the district court to require the presence of associated local counsel at trial under SCR 42.

A writ of mandamus may be available to compel a legally required act or to correct an arbitrary and capricious exercise of discretion. NRS 34.160. Whether to issue extraordinary writ relief is solely within this court's discretion, however, Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991), and it is petitioner's burden to demonstrate that such relief is warranted, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having reviewed the petition and appendix in this matter, we decline to intervene. Accordingly, we

ORDER the petition DENIED.

Stiglich, J.

Pickering, J.

Parraguirre, J.

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