BROWN v. The State of Nevada, Real Party in Interest. (2020)

Supreme Court of Nevada.

Marlon Lorenzo BROWN, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; the Honorable Michelle Leavitt, District Judge; and the Honorable Michael Villani, District Judge, Respondents, The State of Nevada, Real Party in Interest.

No. 82022

Decided: November 16, 2020

McAvoyamaya & Revero Attorney General/Carson City Clark County District Attorney

ORDER DENYING PETITION

This petition for a writ of mandamus or prohibition challenges the 2019 reassignment of petitioner's postconviction habeas proceedings to a recused judge and seeks to vacate any subsequent orders of the recused judge as void. Having considered the petition and the documents before us, we decline to exercise our discretion to intervene in this matter because petitioner has a plain, adequate and speedy remedy by way of an appeal from an order denying a postconviction petition for a writ of habeas corpus. See NRS 34.170: NRS 34.330; NRS 34.575(1); Pan u. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Accordingly, we

ORDER the petition DENIED.

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