Opinion
No. 75173
05-15-2018
JAMES HOWARD HAYES, JR., Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK, Respondent, and THE STATE OF NEVADA, Real Party in Interest.
cc: James Howard Hayes, Jr. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
ORDER DENYING PETITION
This is an original petition for a writ of habeas corpus. James Howard Hayes, Jr. asserts he is being unlawfully restrained because insufficient evidence was presented at the preliminary hearing to support a charge for burglary. We decline to exercise our original jurisdiction in this matter. See NRAP 22 ("An application for an original writ of habeas corpus should be made to the appropriate district court."); see also Zobrist v. Sheriff, Carson City, 96 Nev. 625, 626, 614 P.2d 538, 539 (1980) (indicating this court has discretion to decide whether to entertain an original petition for a writ of habeas corpus and that such petitions raising questions of fact should be considered "by a tribunal equipped to handle that task"). Accordingly, without reaching the merit of any claims raised, we
In light of this order, we deny Hayes' request for a stay. --------
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: James Howard Hayes, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk