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

ORDER DENYING PETITION

This petition for a writ of mandamus challenges a district court order denying a motion to dismiss a count of first-degree murder. Because petitioner can challenge the legal and factual basis for the first-degree-murder charge on direct appeal if he is convicted, see NRS 177.015(3); NRS 177.045, we decline to exercise original jurisdiction in this matter. 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.”); 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.