GATHRITE v. The State of Nevada, Real Party in Interest. (2024)

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition challenges the denial of petitioner Deandre Gathrite's pretrial motion to sever the charges against him. Because Gathrite may challenge the denial of his motion on direct appeal if convicted, see NRS 177.015(3); NRS 177.045 (“Upon the appeal, any decision of the court in an intermediate order or proceeding, forming a part of the record, may be reviewed.”), we decline to exercise original jurisdiction in this matter. See NRS 34.170; NRS 34.330; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) (“[T]he right to appeal is generally an adequate legal remedy that precludes writ relief.”); see also Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (recognizing that the issuance of a writ of mandamus or prohibition is discretionary). Furthermore, a writ of prohibition is inappropriate here because the district court had jurisdiction to rule on Gathrite's motion to sever the charges. See NRS 34.320. Accordingly, we

ORDER the petition DENIED.