Lachaux (Jondrew) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

JONDREW MEGIL LACHAUX, No. 78252 Petitioner,

VS.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA, FEJLE IN AND FOR THE COUNTY OF CLARK;

AND THE HONORABLE DOUGLAS W. APR 12 a HERNDON, DISTRICT JUDGE, ELIZABETVA. BROWN PFtEME COURT Respondents, BY DEPUTY CLERK and

THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION This petition for a writ of mandamus challenges a district court order denying a motion to dismiss a count of first-degree murder. Because petitioner can challenge the legal and factual basis for the first-degree- murder charge on direct appeal if he is convicted, see NRS 177.015(3); NRS 177.045, we decline to exercise original jurisdiction in this matter. 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."); see also 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.

C.J.

Gibbottf pt , J. Pickering Cadish SUPREME COURT

OF

NEVADA - 1(99(91 (0) 1947A agg.)71 cc: Hon. Douglas W. Herndon, District Judge

Special Public Defender

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A