Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Christopher ANDERSEN, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Rob Bare, District Judge, Respondents, City of Las Vegas, Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of habeas corpus or a writ of mandamus. Petitioner Christopher Andersen argues that the district court erroneously denied his appeal challenging the municipal court's denial of a demand for a jury trial for a misdemeanor domestic battery offense. Recognizing that the right to a jury trial exists only for serious offenses, see Blanton v. North Las Vegas Mun. Ct., 103 Nev. 623, 748 P.2d 494 (1987), aff'd sub nom. Blanton v. North Las Vegas, 489 U.S. 538 (1989), Andersen argues, among other things, that misdemeanor domestic battery is a serious offense because it results in the lifetime prohibition of gun possession pursuant to federal and state law.
Andersen has submitted an insufficient appendix for this court's review of the district court's decision. Notably, the appendix is missing the judgment and documents related to the appeal (briefs, the district court's order, and transcripts). See NRAP 21(a)(4) (“The appendix shall include a copy of any order or opinion, parts of the record before the respondent judge ․ or any other original document that may be essential to understand the matters set forth in the petition.”). Without the necessary documents for this court's review, we decline to exercise our original jurisdiction. See Pan v. Eighth Judicial Dist. Court, 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 Judicial Dist Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that whether to consider a writ petition is within this court's discretion). Accordingly, we
ORDER the petition DENIED.
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: No. 74712
Decided: February 15, 2018
Court: Supreme Court of Nevada.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)