BROWN v. The State of Nevada, Real Party in Interest. (2018)

Supreme Court of Nevada.

Donald Edward BROWN, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Douglas Smith, District Judge, Respondents, The State of Nevada, Real Party in Interest.

No. 77269

Decided: December 11, 2018

Turco & Draskovich Attorney General/Carson City Clark County District Attorney

ORDER DENYING PETITION

This petition for a writ of mandamus seeks an order directing the district court to grant petitioner's motion to compel the now-adult victim to submit to an independent psychological examination in a child abuse prosecution. We conclude that our intervention by extraordinary writ is not warranted. See NRS 34.160; NRS 34.170; see also 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 is discretionary). Accordingly, we

ORDER the petition DENIED.

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