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Lachaux v. Eighth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Apr 12, 2019
No. 78252 (Nev. Apr. 12, 2019)

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


Summaries of

Lachaux v. Eighth Judicial Dist. Court

SUPREME COURT OF THE STATE OF NEVADA
Apr 12, 2019
No. 78252 (Nev. Apr. 12, 2019)
Case details for

Lachaux v. Eighth Judicial Dist. Court

Case Details

Full title:JONDREW MEGIL LACHAUX, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT…

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Apr 12, 2019

Citations

No. 78252 (Nev. Apr. 12, 2019)