Opinion
No. 59555.
11-18-2011
Terry FARRIS, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF The STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable Michelle Leavitt, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
Robert M. Draskovich, Chtd. Attorney General/Carson City Clark County District Attorney
Robert M. Draskovich, Chtd.
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition challenges a district court decision to exclude evidence of a prior false sexual abuse allegation by the complaining witness. Having reviewed the petition, we are not convinced that our intervention by way of extraordinary writ is warranted because petitioner has a plain, speedy, and adequate remedy in the ordinary course of law: in the event that he is convicted, he may challenge the district court's evidentiary ruling on direct appeal from the judgment of conviction. See NRS 34.170 ; NRS 34.330 ; NRS 177.015(3) ; see also State ex rel. Dep't Transp. v. Thompson, 99 Nev. 358, 360, 662 P.2d 1338, 1339 (1983) (explaining that court has discretion to decide whether to entertain extraordinary writ petitions). Accordingly, we
ORDER the petition DENIED.