Banka (Jack) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

JACK BANKA, No. 79014 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

FILED CLARK; AND THE HONORABLE JUN 2 4 2019 CAROLYN ELLSWORTH, DISTRICT

ELIZABETH A. BROWN JUDGE, CLERK 9 SUPREME COURT Respondents, BY Vo * DEPUTY CLERK and

THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS This original petition for a writ of mandamus challenges the district court's asserted refusal to allow petitioner to substitute counsel and continue trial.

Having review the petition and supporting documents, including the district court minutes, we are not satisfied that this court's intervention by way of an extraordinary writ is warranted. See NRS 34.160; 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). Petitioner's trial is scheduled to begin next week, and whether the district court legally erred or abused its discretion with regard to the substitution may be raised on appeal if he is convicted. See NRS 34.170; NRS 177.015(3); NRS 177.045; 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.").

Accordingly, we

ORDER the petition DENIED.'

J. Cadish cc: Hon. Carolyn Ellsworth, District Judge

Law Offices of John G. Watkins

The Pariente Law Firm, P.C.

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

'In light of this order, petitioner's emergency motion to stay trial is denied as moot.