JOHN POWELL MORGAN III v. THE STATE OF NEVADA (2026)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency petition for a writ of mandamus challenges the district court's oral decision to hold a limited evidentiary hearing on petitioner's motion to suppress.

Mandamus is properly requested to compel the district court to perform a legally required act or to correct a manifest abuse of discretion. NRS 34.160; Walker v. Second Jud. Dist. Ct., 136 Nev. 678, 680, 476 P.3d 1194, 1196-97 (2020). Whether a petition seeking such relief will be considered by this court, however, is purely discretionary, Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 818 P.2d 849, 851-52 (1991), and it is the petitioner's burden to demonstrate that writ relief is warranted, Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and supporting documents, we conclude that petitioner has not met his burden to demonstrate that our extraordinary intervention is warranted here. Accordingly, we

ORDER the petition DENIED.

Stiglich, J.

Cadish, J.

Lee, J.