Obermeyer (Mark) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

MARK S. OBERMEYER, No. 78194 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE

STEFANY MILEY, DISTRICT JUDGE,

Respondents, and

THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION

This petition for a writ of habeas corpus challenges a district court order granting a motion in limine to admit expert testimony regarding retrograde extrapolation in a criminal prosecution for driving under the influence causing death. Having reviewed the petition, we are not convinced that a writ of habeas corpus is available to challenge the respondent district court's pretrial evidentiary ruling. See NRS 34.360 ("Every person unlawfully committed, detained, confined or restrained of his or her liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint"); NRS 34.500 (setting forth grounds for discharge on writ of habeas corpus where "petitioner is in custody by virtue of process from any court of this State"); cf. Kinsey v. Sheriff, 94 Nev. 596, 584 P.2d 158 (1978) (observing

SUPREME COURT

OF

NEVADA

(0) 1947A that habeas corpus statutes do not permit "a pretrial challenge to an order denying a motion for discovery"). Accordingly, we ORDER the petition DENIED.

J. Hardesty

J. Stiglich

J Silver cc: Hon. Stefany Miley, District Judge

Mace J. Yampolsky, Ltd.

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A