Opinion
No. 67321
02-11-2015
ROBERT S. JACKSON, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ELIZABETH GOFF GONZALEZ, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER DENYING PETITION
This is a petition for a writ of prohibition, or in the alternative, writ of mandamus. Petitioner seeks an order arresting the proceedings in the district court, directing the district court to dismiss the pending amended superseding indictment, and clarifying NRS 172.107. Without deciding upon the merits of any claims raised in the documents submitted in this matter, we decline to exercise our original jurisdiction. See NRS 34.160; NRS 34.320. Petitioner has already proceeded to trial, and to the extent that any of his claims challenging the indictments, grand jury proceedings, and evidence presented at trial may survive after the jury has reached a verdict, petitioner has an adequate legal remedy by way of a direct appeal in this case. See NRS 34.170; NRS 34.330. Accordingly, we
Although the district court has granted a motion for a new trial on 2 counts, because the issues raised in the instant petition would relate to the counts for which there was no new trial granted, we decline to exercise our original jurisdiction in this matter. An appeal from the order granting in part the motion for a new trial is pending in this court. See State v. Jackson, Docket No. 66573.
ORDER the petition DENIED.
/s/_________, J.
Satta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering
cc: Hon. Elizabeth Goff Gonzalez, District Judge
Robert S. Jackson
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk