STEVEN CHRISTOPHER GAZLAY v. THE STATE OF NEVADA AND CLARK COUNTY DISTRICT ATTORNEY (2024)

ORDER DENYING PETITION

This original petition for a writ of prohibition or mandamus challenges a district court's order denying a motion to dismiss a criminal indictment on double jeopardy grounds.

Petitioner Steven Gazlay filed this original petition for a writ of prohibition or, alternatively, mandamus, asserting that his pending criminal prosecution following a forfeiture action violates double jeopardy. We are not satisfied that Gazlay has demonstrated that entertaining the writ petition is warranted, and we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.320; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that a petitioner bears “the burden of demonstrating that extraordinary relief is warranted”); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing “the issuance of a writ of mandamus or prohibition is purely discretionary with this court”). Accordingly, we

ORDER the petition DENIED.¹

Cadish, C.J.

Stiglich, J.

Pickering, J.

Herndon, J.

Lee, J.

Parraguirre, J.

Bell, J.

FOOTNOTES

1.   In light of this order, all pending motions are denied as moot.