Errico (William) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

WILLIAM ERRICO, No. 78724 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF

CLARK; AND THE HONORABLE ERIC

FILED JOHNSON, DISTRICT JUDGE, MAY 2 4 2019 /fir Respondents, ELI BROWN CLERK REME541. 1- and BY DEPUTY CLERK THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION

This petition for a writ of mandamus or prohibition challenges district court orders denying motions to dismiss an indictment based on the statute of limitations and insufficient notice. We are not satisfied that this court's intervention by way of an extraordinary writ is warranted. See NRS 34.160; NRS 34.320; 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). Further, petitioner's arguments for a change in law regarding whether the statute of limitations is jurisdictional or an affirmative defense may be raised on appeal if he is convicted. See NRS 34.170; NRS 34.330; 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

SUPREME COURT

OF

NEVADA appeal is generally an adequate legal remedy that precludes writ relief."). Accordingly, we

ORDER the petition DENIED.

geku J. Pickering

- Clum—atst%r--77 Parraguirre

J. Cadish cc: Hon. Eric Johnson, District Judge

William B. Terry, Chartered

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA

KO) 1947A ce