McAfee (Leslie) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

LESLIE S. MCAFEE, No. 75853 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

FILED CLARK; AND THE HONORABLE

MAR 21 2019 JENNIFER P. TOGLIATTI, DISTRICT

ELIZABETH A. DROWN JUDGE, CLERK OF SUPREME COURT Respondents, BY 151 FIK r -1- ..)EPLY CLE ila and

THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This is an original petition for a writ of mandamus challenging the constitutionality of NRS 50.700, which prohibits court-ordered psychological examinations in criminal cases involving sexual offenses. Because a writ of mandamus is an extraordinary remedy, the decision to consider a petition lies within our sole discretion. Hickey v. Eighth Judicial Dist. Court, 105 Nev. 729, 731, 782 P.2d 1336, 1338 (1989). Generally, however, a writ will not issue "where the petitioner has a plain, speedy and adequate remedy, such as an appeal, in the ordinary course of law." Id. (citing NRS 34.170). If convicted, petitioner here has the right to

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NEVADA (0) 1947A lei-/2-1/3 raise his constitutional arguments in the form of an appeal, pursuant to NRS 177.015(3). 1

Accordingly, we exercise our discretion to deny this petition. It is so ORDERED.

C.J.

Reit& di J. Pickering

•%--L .grA Hardesty

J. Parraguirre

A4LSSGA-.0 Stiglich

J. Cadish

J. Silver

'However, we note that NRS 50.700 applies to "a court proceeding that is commenced on or after October 1, 2015." 2015 Nev. Stat., ch. 399, § 27, at 2246. Petitioner here was charged in 2013, thus raising concern about the applicability of this statute to his proceeding.

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NEVADA (0 ) 1947A 4e, cc: Chief Judge, Eighth Judicial District Court Eighth Judicial District Court, Department 9 Daniel J. Albregts, Ltd.

Kaplan, Reneges & Kadin

Attorney General/Carson City

Clark County District Attorney Eighth District Court Clerk

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NEVADA (0) 1947A 171,*, " " ". ,,, in