Opinion
No. 59261.
11-18-2011
Jeremiah Sergio AYALA, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and the Honorable Michael Villani, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
Clark County Public Defender Attorney General/Carson City Clark County District Attorney
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition challenges district court rulings (1) denying petitioner's request to redo an evidentiary hearing pursuant to Jackson v. Denno, 378 U.S. 368 (1964), after the original trial judge recused herself before the conclusion of the evidentiary hearing and issuing a ruling on petitioner's suppression motion and (2) compelling petitioner's psychological expert to disclose psychological testing materials directly to prosecutors rather than the State's mental health expert. Having considered the petition and supporting documents, we conclude that our intervention is not warranted regarding the Jackson v. Denno hearing as petitioner has an adequate remedy by way of an appeal should the district court rule his police statements admissible and he is convicted. NRS 34.170 ; State v. Dist. Ct. (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005). We further conclude that petitioner has not demonstrated that the district court manifestly abused its discretion by compelling the disclosure of psychological testing materials to prosecutors. NRS 34.160 ; Round Hill Gen. Imp. Dist. v.. Newman, 97 Nev. 601, 637 P.2d 534 (1981). Accordingly, we deny the petition. See NRAP 21(b).
It is so ORDERED.