Padilla (Raymond) Vs. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

RAYMOND GEAN PADILLA, No. 79528 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; FILED AND THE HONORABLE MICHAEL VILLANI, DISTRICT JUDGE, SEP 1 2 2019 EUZABE111 A. BROWN Respondents, CLERK OF SUPREME COURT and Sy DEPUTY CI.-MRK THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION The original petition filed in this matter seeks a writ of mandamus or prohibition compelling the respondent district court judge to strike the notice of intent to seek the death penalty or prohibiting the respondent district court judge from conducting the underlying case as a capital case. Because petitioner may raise any issues regarding the notice of intent and the death penalty on appeal if he is convicted and sentenced to death, NRS 177.015(3); NRS 177.045; NRS 177.055, we decline to exercise our original jurisdiction. See NRS 34.170; Pan v. Eighth Judicial

'We also note that the district court has jurisdiction over the underlying case, see Nev. Const. art. 6, § 6, and therefore a writ of prohibition is not available, see Goicoechect v. Fourth Judicial Dist. Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (holding that a writ of prohibition "will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration"); see also NRS 34.320.

' '+

Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ([Tille 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.2

C.J.

44.44,0 J. Stiglich

, Sr. J. Douglas

cc: Hon. Michael Villani, District Judge Special Public Defender Attorney General/Carson City Clark County District Attorney Law Office of Franny Forsman Eighth District Court Clerk

Because we decline to consider the petition on the merits, we deny 2

the motion for leave to file an amicus brief as moot.

The Honorable Michael Douglas, Senior Justice, participated in the decision of this matter under a general order of assignment. SUPREME COURT

NEVADA 2 (0) 1947A mieta.