AARON HARRIS v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency petition for a writ of mandamus challenges a district court's oral ruling denying petitioner's motion to dismiss for failure to provide exculpatory evidence to the grand jury.

Whether a petition for extraordinary writ relief will be entertained rests within this court's sound discretion. D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007), and it is petitioner's burden to demonstrate that this court's intervention is warranted, Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). A writ of mandamus is available only when petitioner has no plain, speedy, and adequate legal remedy. Id. at 224, 88 P.3d at 841 (explaining that an appeal is generally an adequate legal remedy precluding writ relief); see NRS 34.170. Although an appeal sometimes cannot provide an adequate remedy for error during a grand jury proceeding, this court has also recognized that a writ petition alleging such error rarely warrants this court's extraordinary intervention. Chasing Horse v. Eighth Jud. Dist. Ct., 140 Nev., Adv. Op. 63, 555 P.3d 1205, 1211 (2024).

Having reviewed the petition and supporting documents, we conclude that petitioner has not met his burden. Accordingly, we decline to intervene and thus

ORDER the petition DENIED.

Parraguirre, J.

Bell, J.

Stiglich, J.