Strauss (Ross) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

ROSS STRAUSS, No. 77509 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

FILED VALERIE ADAIR, DISTRICT JUDGE, JAN 1 1 2019 Respondents, ELIZABETH A, BROWN CLERK QF SUPREME COURT and BY THE STATE OF NEVADA, DEPUTY CLERK Real Party in Interest.

ORDER DENYING PETITION

This petition for a writ of mandamus or alternatively writ of prohibition challenges the denial of a pretrial petition for a writ of habeas corpus and seeks dismissal of count 1 (murder). Having considered the petition, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (explaining that review of a pretrial probable cause determination through an original writ petition is disfavored); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816 P.2d 458, 459-60 (1991) (entertaining a pretrial challenge to a probable cause determination by original writ petition where the petition presented purely legal issues). Accordingly, we

ORDER the petition DENIED.

Hardesty

SUPREME COURT

OF ±-1,--C

YSTL-c-c J. ,J. NEVADA

Stiglich Silver (0) 1947A 4-71141 1 cc: Hon. Valerie Adair, District Judge

Clark County Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e