KELVIN LANEIL JAMES v. THE STATE OF NEVADA (2024)

ORDER DENYING MANDAMUS PETITION

This is an original pro se petition for a writ of mandamus challenging petitioner's judgment of conviction.

Petitioner was convicted of voluntary manslaughter with the use of a deadly weapon and sentenced to serve an aggregate prison term of 8-20 years. In his petition, petitioner contends that the voluntary manslaughter statutes are ambiguous. This court considered and rejected the same argument raised by petitioner in a previous original petition filed by petitioner. James v. Eighth Jud. Dist. Ct., No. 88478, 2024 WL 1878891 (Nev. Apr. 29, 2024) (Order Denying Mandamus Petition).

Having considered the petition and document submitted by petitioner, we are not convinced that our extraordinary and discretionary intervention is warranted at this time. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing that such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 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). As petitioner has failed to demonstrate that our intervention by extraordinary writ is warranted, we decline to exercise our original jurisdiction in this matter. See NRAP 21(b). Accordingly, we

ORDER the petition DENIED.

Cadish, C.J.

Stiglich, J.

Herndon, J.