GAULDEN v. The State of Nevada, Real Party in Interest. (2019)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a district court order denying, in part, petitioner's motion in limine seeking to introduce evidence of prior sexual conduct at his criminal trial.

Having considered the petition, answer thereto, and supporting documents, we conclude that our extraordinary intervention in this matter is not warranted. Trial is scheduled to commence next week, and the district court ruled without prejudice to petitioner's ability to renew his motion to introduce this evidence at trial. Moreover, petitioner can appeal from any adverse judgment, which precludes writ relief. See NRS 34.170; 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.”). Accordingly, we

ORDER the petition DENIED.¹

FOOTNOTES

1.   In light of this order, petitioner's emergency motion for a stay is denied as moot.