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

ORDER DENYING PETITION

The original petition filed in this matter seeks a writ of mandamus or prohibition compelling the respondent district court judge to strike the notices of intent to seek the death penalty or prohibiting the respondent district court judge from conducting the underlying cases as capital cases. Because petitioner may raise any issues regarding the notice of intent and the death penalty on appeal if he is convicted and sentenced to death, NRS 177.015(3); NRS 177.045; NRS 177.055, we decline to exercise our original jurisdiction.¹ 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.²

FOOTNOTES

1.   We also note that the district court has jurisdiction over the underlying cases, see Nev. Const. art. 6, § 6, and therefore a writ of prohibition is not available, see Goicoechea v. Fourth Judicial Dist. Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (holding that a writ of prohibition “will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration”); see also NRS 34.320.

2.   The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment.