IN THE SUPREME COURT OF THE STATE OF NEVADA

ROGER RAPHAEL BROWN, No. 71684 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF WASHOE, DEC 1 6 2016 Respondent.

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ORDER DENYING PETITION This petition for a writ of mandamus or prohibition seeks petitioner's release from custody on pending criminal charges on a number of grounds including that the State did not present sufficient evidence at the preliminary hearing to establish probable cause, the bad act evidence was improperly admitted at the preliminary hearing, and that the justice of the peace who conducted the preliminary hearing was biased against petitioner. We conclude that our intervention by writ of mandamus or prohibition is not warranted for three reasons. First, because a probable- cause determination may be challenged in the district court by filing a pretrial petition for a writ of habeas corpus, see NRS 34.700, petitioner has an adequate remedy at law to challenge the probable-cause determination that militates against relief through mandamus or prohibition, see NRS 34.170; NRS 34.330. Second, some of the issues involve factual questions that this court is not in a position to resolve and therefore must be presented to the district court in the first instance. See Round Hill Gen. Imp. Dist. v. Newman, 97 Nev. 601, 604, 637 P.2d 534, 536 (1981) ("[A]n appellate court is not an appropriate forum in which to resolve disputed SUPREME COURT OF NEVADA

(0) I947A questions of fact."). Third, petitioner has not asserted that the respondent district court has refused a clear legal duty to act or has manifestly abused or arbitrarily and capriciously exercised its discretion such that mandamus would be an available remedy, see id. at 603-04, 637 P.2d at 536 (explaining when mandamus will issue), or that the respondent district court lacks jurisdiction over the pending criminal charges such that prohibition would be an available remedy, see NRS 34.320. For these reasons, we ORDER the petition DENIED.

cc: Hon. Egan Walker, District Judge Roger Raphael Brown Troy Jordan Attorney General/Carson City Washoe District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A 4S17),