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472 P.3d 1208

Coenen Vs. State

Nevada Supreme Court

Decided October 2, 2020

Nevada Supreme Court · decided 2020-10-02

Relies on Round Hill General Improvement District v. Newman

Decided 2020-10-02

                            IN THE SUPREME COURT OF THE STATE OF NEVADA


                      BRENDAN R. COENEN,                                     No. 81691
                      Petitioner,
                      vs.
                      THE STATE OF NEVADA; THE
                      HONORABLE STEVE SISOLAK,
                                                                                  FILED
                      GOVERNOR; JAMES DZURENDA,                                   OCT 0 2 2020
                      DIRECTOR; PERRY RUSSELL,
                                                                               ELIZABETH A. BROWN
                      WARDEN; AND NEVADA STATE                               CLERK OF SUPREME COURT
                                                                             BY   S•V
                      BOARD OF PAROLE                                             DERBY CttRK

                      COMMISSIONERS,
                      Res • ondents.


                         ORDER DENYING PETITION FOR EXTRAORDINARY RELIEF


                                 This original pro se petition for extraordinary relief seeks
                     petitioner's immediate release from prison as well as the appointment of a
                     special counselor/master with the authority to appropriately reduce the
                     prison population so that the Nevada Department of Corrections may
                     comply with recommendations for sanitation and social distancing.
                     Petitioner argues that the Nevada Department of Corrections has failed to
                     address unsanitary conditions in the prison and, as a result, the increased
                     risk of Covid-19 infection presents a serious threat to both his health, due
                     to his preexisting health conditions, and that of other prisoners.
                                 For many of the same reasons addressed in Kerkorian v. State,
                     Docket No. 80917 (Order Denying Petition, April 30, 2020)—including the
                     presence of fact questions this court is ill-suited to resolve—we deny the
                     petition. See Round Hill Gen. Imp. Dist. v. Newman, 
97 Nev. 601, 604
, 
637 P.2d 534, 536
 (1981) (recognizing that "an appellate court is not an
                     appropriate forum in which to resolve disputed questions of face and
  SUPREME COURT
       OF
     NEVADA

  (0) I947A 4411N.
                                                                                          Ao -3449(03
ghtlireatit
                   determining that when there are factual issues presented, this court will
                   not exercise its discretion to entertain a petition for extraordinary relief
                   even though "important public interests are involved"). Accordingly, we
                               ORDER the petition DENIED.'




                                              J.                                   J , J.
                   Hardesty                                  Silver




                   cc:   Brendan R. Coenen
                         Attorney General/Carson City




                         lIn light of our decision, we deny petitioner's motion for the
                   appointment of counsel.

SUPREME ComOF
    NEVADA                                              2
(0) I947A 446104

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