MCGUINNESS v. The State of Nevada, Real Party in Interest. (2021)

ORDER DENYING PETITION

This petition for a writ of prohibition challenges a district court order placing petitioner on court services while out of custody pretrial and directing that he submits to alcohol and drug testing.¹ We are not satisfied that this court's intervention by way of a writ of prohibition is warranted because the district court had jurisdiction over the criminal case and the defendant and therefore a writ of prohibition is not available. See NRS 34.320 (providing that a writ of prohibition “arrests the proceedings of any tribunal ․ exercising judicial functions, when such proceedings are without or in excess of the [tribunal's] jurisdiction”); Goicoechea v. Fourth Judicial Dist. Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (holding that a writ of prohibition “will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration”); see also Poulos v. Eighth Judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (recognizing that it is within the discretion of this court to determine if a petition will be considered). Accordingly, we

ORDER the petition DENIED.²

FOOTNOTES

1.   To the extent petitioner challenges an administrative order directing pretrial testing of all out-of-custody defendants before arraignment and sentencing, we decline to consider such a challenge because petitioner was not tested pursuant to the administrative order.

2.   The Honorable Mark Gibbons, Senior Justice, participated in the decision of this matter under a general order of assignment.