Opinion
No. 69325
12-09-2015
RANDEL TORRES, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JENNIFER P. TOGLIATTI, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 an original petition for a writ of mandamus or prohibition challenging the district court's evidentiary rulings in competency proceedings in a criminal case. Specifically, petitioner requests that this court direct the district court to consider the conclusions of two defense-retained experts in determining his competency to participate in the criminal proceedings pending against him. Petitioner also requests a stay of the district court proceedings while this petition is pending.
Having reviewed the petition and the accompanying documentation, we conclude that this court's intervention by way of extraordinary writ is not warranted because petitioner has a plain, speedy, and adequate remedy at law by way of an appeal from any judgment of conviction, and petitioner has failed to demonstrate that our invention is otherwise warranted. See NRS 34.170; NRS 34.330, Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004). Accordingly, we
We also deny as moot petitioner's motion to stay the proceedings below while this court considers the petition. --------
/s/_________, J.
Saitta
/s/_________, J.
Gibbons
/s/_________, J.
Pickering cc: Hon. Jennifer P. Togliatti, District Judge
Special Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk