Brown (Kendrick) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

KENDRICK T. BROWN, No. 77716 Petitioner,

VS.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

FILED IN AND FOR THE COUNTY OF CLARK,

JAN 1 7 2019 Respondent,

ELMABETFI A. BROWN and CLERK QF SUPREME COURT THE STATE OF NEVADA, BY - DEPUTY CLERK Real Party in Interest.

ORDER DENYING PETITION

This pro se petition seeks a writ of mandamus directing the district court to dismiss felony charges pending against petitioner. Because petitioner can raise the issues in the petition on appeal from a judgment of conviction in the event he is convicted, see NRS 177.015(3), he has a speedy and adequate remedy that precludes writ relief, see NRS 34.170; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 224, 88 P.3d 840, 841 (2004) ("[T]he right to appeal is generally an adequate legal remedy that precludes writ relief."). We therefore decline to exercise our discretion to consider the petition. See 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.

, J.

Hardesty

J.

Stiglich Silver SUPREME COURT

OF

NEVADA (0) 1947A cc: Kendrick T. Brown

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e,