KASSANDRA ALVAREZ v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION

This is an original petition for a writ of mandamus or prohibition challenging a district court order denying petitioner Kassandra Alvarez's motions to exclude expert testimony and dismiss a murder charge.

Whether to entertain a petition for extraordinary writ relief 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). 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). Writs of mandamus or prohibition are generally unavailable when the petitioner has a plain, speedy, and adequate legal remedy. NRS 34.170; NRS 34.330; Pan, 120 Nev. at 224, 88 P.3d at 841 (explaining that an appeal is generally an adequate legal remedy precluding writ relief).

We are not persuaded that our discretionary and extraordinary intervention is warranted. In particular, Alvarez has an adequate remedy in the form of an appeal in the event she is convicted. See Chasing Horse v. Eighth Jud. Dist. Ct., 140 Nev., Adv. Op. 63, 555 P.3d 1205, 1211 (2024) (recognizing that, although an appeal sometimes does not provide an adequate remedy for a pretrial error, a writ petition alleging such error rarely warrants this court's extraordinary intervention). Having reviewed the petition and supporting documents, we conclude that Alvarez has not met her burden. Accordingly, we decline to intervene and thus,

ORDER the petition DENIED.

Pickering, J.

Cadish, J.

Lee, J.