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477 P.3d 364

Guess (Jason) Vs. State

Nevada Supreme Court

Decided December 11, 2020

Nevada Supreme Court · decided 2020-12-11

Relies on Round Hill General Improvement District v. Newman

Decided 2020-12-11

                       IN THE SUPREME COURT OF THE STATE OF NEVADA


                JASON GUESS,                                          No. 82160
                Petitioner,
                vs.
                THE STATE OF NEVADA,                                    FILED
                Respondent.
                                                                        DEC 1 1 2020
                                                                        EUZABETH A. BROWN
                                                                      =MgpypRias COURT
                                                                     BY
                                                                                 CIEIK


                      ORDER DENYING PETITION FOR WRIT OF MANDAMUS

                           This original, pro se petition for a writ of mandamus seeks a
                compassionate release from custody and/or the appointment of counsel to
                pursue such a release. Petitioner Jason Guess points to positive COVID-19
                cases in the correctional center where he is imprisoned and pandemicrelated changes to his medical treatment. He also mentions concerns with
                obtaining adequate court access due to the pandemic, such as restricted
                ability to leave his cell and communicate with other inmates.
                            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
                determining that when there are factual issues presented, this court will




SUPREME COURT
        OF
      NEVADA


(0) I 447A

                                 ;:•;-
                not exercise its discretion to entertain a petition for extraordinary relief
                even though "important public interests are involved"). Accordingly, we
                             ORDER the petition DENIED.'




                                                         lett.        C.J.
                                        Pickering


                           ed_A            J.
                Hardesty                                     Silver




                cc:   Jason Guess
                      Attorney General/Carson City




                      1 Petitioner's failure to provide proof of the petition's service

                constitutes an additional basis for denying this petition. NRAP 21(a)(1).


SUPREME COURT
        OF
     F4EvAoa                                         2
(o) 1947A

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