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JOEL LAMOTHE, Petitioner, v.
THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHLEEN E. DELANEY, DISTRICT JUDGE, Respondents, v. THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a district court order denying a petition for a writ of mandamus that would have directed the justice court to suppress evidence of a blood draw in a criminal case. Having considered the petition and record, we conclude that our extraordinary and discretionary intervention is not warranted. See NRS 34.160; NRS 34.170; Int'l Game Tech., Inc. v. Second Judicial Dist. Court, 124 Nev. 193, 197, 179 P.3d 556, 559 (2008); Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004); Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). In particular, petitioner Joel Lamothe had an adequate legal remedy—an appeal from the district court order denying mandamus relief. See NRS 2.090(2) (providing appellate jurisdiction to review “an order granting or refusing to grant ․ mandamus”); City of Reno v. Howard, 130 Nev. 110, 112, 318 P.3d 1063, 1064 (2014) (recognizing that a district court order denying a mandamus petition is an appealable final judgment where the petition is the only issue before a district court). Accordingly, we
ORDER the petition DENIED.
Stiglich, C.J.
Lee, J.
Bell, J.
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Docket No: No. 86287
Decided: May 11, 2023
Court: Supreme Court of Nevada.
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