GUTIERREZ v. The State of Nevada, Real Party in Interest. (2026)

ORDER DENYING PETITION

This is an emergency petition for a writ of mandamus seeking to compel the district court to grant petitioner's pretrial petition for a writ of habeas corpus and dismiss the murder charges filed against petitioner.

The decision to entertain a petition for extraordinary writ relief lies within the discretion of this court. Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition). Petitioner bears the burden to show that extraordinary relief is warranted, and such relief is proper only when there is no plain, speedy, and adequate remedy at law. NRS 34.170; Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 224, 228, 88 P.3d 840, 841, 844 (2004). An appeal is generally an adequate legal remedy precluding writ relief. Pan, 120 Nev. at 224, 88 P.3d at 841. Even when an appeal is not immediately available because the challenged order is interlocutory in nature, the fact that the order may ultimately be challenged on appeal precludes writ relief. Id. at 225, 88 P.3d at 841.

Having considered the petition and supporting documents, we are not persuaded that our intervention is warranted. While we acknowledge the questions raised by the holding in Leavell v. Eighth Jud. Dist. Ct., Docket No. 79923, 2020 WL 5543073 (September 14, 2020) (Order Granting Petition), petitioner has not demonstrated that he lacks a plain, speedy, and adequate remedy by way of an appeal from any subsequent judgment of conviction, given the imminency of trial. Pan, 120 Nev. at 224, 88 P.3d at 841. Accordingly, writ relief is improper, and we

ORDER the petition DENIED.¹

FOOTNOTES

1.   Given our disposition of this matter, petitioner's motion requesting this court direct the district court to transmit an original exhibit is denied as moot.