IN THE SUPREME COURT OF THE STATE OF NEVADA

THE STATE OF NEVADA, No. 68620 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF WASHOE; AND THE HONORABLE ED SCOTT N. FREEMAN, DISTRICT APR 0 1 2016 JUDGE, 7RACIE K. UNDEMAN Respondents, CLERK OFISUPREME COURT EY and DEPUTY CLERK JASON MICHAEL ELGAARD, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION This is an original petition for a writ of mandamus or prohibition challenging a district court order limiting the State's use of retrograde extrapolation evidence to determine the real party in interest's blood alcohol level at the time of his motorcycle accident.

Having reviewed the documents submitted in this matter, and without deciding upon the merits of any claims raised therein, we are not persuaded our extraordinary and discretionary intervention is warranted.

See NRS 34.160; NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Accordingly, we

SUPREME COURT OF NEVADA

(0) 1947A ORDER the petition DENIED.

cc: Hon. Scott N. Freeman, District Judge Attorney General/Carson City Washoe County District Attorney Stephen N. Scheerer Washoe District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A