BLANDINO v. The State of Nevada, Real Party in Interest. (2022)

ORDER DENYING PETITION FOR EXTRAORDINARY WRIT RELIEF

This original, pro se petition for extraordinary writ relief seeks, on double jeopardy grounds, dismissal of the criminal charges against petitioner. In so seeking, petitioner acknowledges that he has not been convicted of the charged crimes at this point but points to circumstances of his pretrial detention and house arrest.

Having considered the petition and supporting documentation we are not convinced that our extraordinary and discretionary intervention is warranted. See United States v. Warneke, 199 F.3d 906, 908 (7th Cir. 1999) (“Pretrial detention does not trigger the attachment of jeopardy so as to invoke the protection of the Double Jeopardy Clause. And, the statute authorizing pretrial detention, 18 U.S.C. § 3142, is remedial, not punitive.” (internal citations omitted)); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Accordingly, we

ORDER the petition DENIED.