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Miken WONG, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Michelle Leavitt, District Judge, Respondents, The State of Nevada, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition challenges a district court order denying a motion to dismiss and/or exclude evidence. Because petitioner can challenge the district court's decision on appeal in the event that she is convicted, NRS 177.015(3); NRS 177.045, petitioner has a plain, speedy, and adequate remedy at law and, therefore, this court's intervention by way of an extraordinary writ is not warranted, NRS 34.170; NRS 34.330. Petitioner has not pointed to any circumstances that reveal urgency or strong necessity for this court to intervene given there is an alternative remedy available. Cf. Salaiscooper v. Eighth Judicial Dist. Court, 117 Nev. 892, 901-02, 34 P.3d 509, 515-16 (2001) (concluding that review through writ petition was warranted even though there was an alternative remedy where there were 56 similar cases with the same issues pending in lower courts and petition presented issue of great statewide importance). Accordingly, we
ORDER the petition DENIED.
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Docket No: No. 77053
Decided: October 18, 2018
Court: Supreme Court of Nevada.
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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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