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EDWARD JACOB IGLEHART, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CARLI LYNN KIERNY, DISTRICT COURT JUDGE, Respondents, THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency petition for a writ of mandamus challenges a district court oral ruling denying an oral motion to dismiss the criminal case against petitioner due to an assertedly improper continuance of trial.
Having considered the petition and appendix, we conclude that our extraordinary and discretionary intervention is not warranted. See Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Additionally, with trial scheduled to begin soon, it appears that petitioner has an adequate legal remedy in the form of an appeal from any conviction. See NRS 34.170; Pan, 120 Nev. at 223, 88 P.3d at 841; cf. Salaiscooper v. Eighth Judicial Dist. Court, 117 Nev. 892, 901-02, 34 P.3d 509, 515-16 (2001). Accordingly, we
ORDER the petition DENIED.
Cadish, J.
Pickering, J.
Bell, J.
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Docket No: No. 87325
Decided: September 28, 2023
Court: Supreme Court of Nevada.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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