DAVID MOORE v. THE STATE OF NEVADA (2026)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This emergency petition for a writ of mandamus or prohibition challenges the district court's refusal to hold a Franks ¹ hearing or a probable cause review on a corrected record. Eighth Judicial District Court, Clark County; Mary Kay Holthus, Judge.

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). Prohibition may issue when a district court exceeds its jurisdiction. NRS 34.320. 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 review 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 are not persuaded that our extraordinary intervention is warranted here. Moreover, trial is scheduled to commence soon, and petitioner may appeal from any judgment of conviction. See Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 223, 88 P.3d 840, 841 (2004) (explaining that writ relief is not available when a plain, speedy, and adequate legal remedy, such as an appeal, exists). Accordingly, we

ORDER the petition DENIED.

Stiglich, J.

Cadish, J.

Lee, J.

FOOTNOTES

1.   Franks v. Delaware, 438 U.S. 154 (1978).