BROWN v. County of Washoe; and District Attorney Christopher J. Hicks, Real Parties in Interest. (2026)

ORDER DENYING PETITION

This is an original pro se petition for a writ of mandamus. Petitioner Tonja Brown requests that this court issue a writ of mandamus directing the Attorney General to investigate the Washoe County District Attorney's Office Conviction Integrity Committee and to notify Brown of the results. Brown also requests this court issue a writ of mandamus directing the Board of Pardons Commissioners to consider factual innocence when evaluating applications for posthumous pardons.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. 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). A writ of mandamus is available only to compel the performance of an act which the law requires as a duty resulting from an office, trust, or station, NRS 34.160, or to control an arbitrary or capricious exercise of discretion, Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601. 603-04, 637 P.2d 534, 536 (1981). The petitioner bears the burden to show that extraordinary relief is warranted. Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having considered the petition and supporting documents, we are not persuaded that our intervention is warranted. Brown has failed to identify any duty resulting from an office, trust, or station that would allow this court to compel the Attorney General to proceed with an investigation. Brown cites NRS 289.110, but that statute allows peace officers to report misconduct within their agency. NRS 289.110 has no bearing on complaints initiated by the public. Nor does any authority require the Board of Pardons to consider any particular factor more heavily than others when considering posthumous applications for relief. Accordingly, writ relief is unavailable, and we

ORDER the petition DENIED.