Frohlich (Joseph) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

OSEPH FROHLICH, No. 71315 etitioner,

S.

HE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

NAND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE

JUN 2 8 2017 ENNIFER P. TOGLIATTI, DISTRICT

ELIZABETH A. BROWN UDGE, CLERK OF SUPREME COURT espondents, er_S..:Y.C4444M,Ar. DEPUTY CLERK( and

THE STATE OF NEVADA,

Real Part in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging a district court order limiting expert testimony at a competency hearing. 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; Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991). Petitioner Joseph Frohlich's petition challenges the district court's order limiting his expert witness's ability to render an opinion on the ultimate issue of his competency. However, "the decision to admit or exclude expert opinion testimony is discretionary and is not typically subject to review on a petition for a writ of mandamus."

SUPREME COURT

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17- 21550 Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 524, 262 P.3d 360, 364 (2011). Accordingly, we ORDER the petition DENIED.

J.

Ldesty

J.

Parraguirre

__As/t-432 J.

Stiglich cc: Hon. Jennifer P. Togliatti, District Judge Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

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