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Davontae Amarri WHEELER, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Michelle Leavitt, District Judge, Respondents, The State of Nevada, Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of mandamus or prohibition challenging the district court's order denying a pretrial petition for a writ of habeas corpus. We conclude that our intervention by extraordinary writ is not warranted. See NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330; see also 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); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 816 P.2d 458 (1991) (recognizing that the prosecutor has a duty to present the grand jury with evidence which will explain away the charge); Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (disfavoring review of a pretrial probable cause determination through an original writ proceeding). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 76954
Decided: November 15, 2018
Court: Supreme Court of Nevada.
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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.
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