DAVID LEE TURNER v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION

This original petition for a writ of mandamus seeks to compel the district court to adjudicate petitioner David Lee Turner's motion for pretrial release on his own recognizance in a criminal matter.

Having considered Turner's petition, we conclude that our extraordinary and discretionary intervention is not warranted. See NRS 34.160; 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 such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition).

In particular, Turner has not shown that the competency court was obligated to resolve the motion for own-recognizance release on its merits where Turner was then not competent to stand trial. Turner identifies no statute or caselaw providing that the competency court has such a duty. To the contrary, NRS 178.460(4)(b)-(d) set forth the powers and duties of the court following a finding of incompetence to stand trial, which are governed by the prospect of an incompetent defendant attaining competence. Upon a finding of incompetence, however, the criminal proceedings must be suspended, NRS 178.425(4), along with all other proceedings, NRS 178.405(2). Turner's concern that he may be unable to challenge the conditions of pretrial release because he may not attain competence does not warrant relief because, if there is “no substantial probability of attaining competency in the foreseeable future,” the suspended proceedings “must be dismissed.” NRS 178.425(5). Turner thus fails to show either a duty the district court did not perform or a manifest abuse of discretion. See Gonzalez v. Eighth Jud. Dist. Ct., 129 Nev. 215, 217, 298 P.3d 448, 449 (2013) (“A writ of mandamus is available to compel the performance of an act that the law requires as a duty resulting from an office, trust, or station or to control a manifest abuse of discretion.”). Accordingly, we

ORDER the petition DENIED.

Herndon, C.J.

Bell, J.

Stiglich, J.