Opinion
No. 78252
04-12-2019
JONDREW MEGIL LACHAUX, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUGLAS W. HERNDON, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
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.
/s/_________, C.J.
Gibbons /s/_________, J.
Pickering /s/_________, J.
Cadish cc: Hon. Douglas W. Herndon, District Judge
Special Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk