IN THE SUPREME COURT OF THE STATE OF NEVADA

RONALD LEAVELL, No. 79923 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FILED DOUGLAS W. HERNDON, DISTRICT NOV 2 7 2019 JUDGE, BROWN Respondents, CLE REME COURT

and CLERK THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS OR PROHIBITION

This emergency petition for a writ of mandamus or prohibition challenges a district court order denying a pretrial petition for a writ of habeas corpus. Petitioner asserts that the second degree murder charge is preempted by Nevada's uniform traffic laws and thus must be dismissed. The State has filed an answer, as directed, and petitioner has filed a reply. Mandamus is properly requested to compel the district court to perform a legally required act or to correct a manifest abuse or arbitrary or capricious exercise of discretion. NRS 34.160; State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 931, 267 P.3d 777, 779 (2011). Its

counterpart, prohibition, may issue to curb jurisdictional excesses. NRS 34.320. Neither writ will issue when a plain, speedy, and adequate legal remedy is available, and whether a petition seeking such extraordinary relief will be considered by this court is purely discretionary and subject to

SUPREME COURT OF NEVADA

(0) 1947A AP. considerations of sound judicial economy and administration. Armstrong, 127 Nev. at 931, 267 P.3d at 779-80. This writ petition raises significant questions of statutory interpretation, worthy of meaningful review. Petitioner's trial is scheduled to begin soon, and petitioner has not sought a stay; indeed, according to the petition, petitioner has been in custody for a substantial period of time and understandably does not desire to further delay trial. Given these circumstances, we conclude that this court has insufficient time to meaningfully review and address the important issues raised by petitioner within the timeframe requested and that judicial economy is better served by allowing the trial to proceed. Moreover, if convicted on the murder charge, petitioner may raise these issues on appeal. Accordingly, we decline to exercise our discretion to intervene by way of extraordinary writ relief; and we ORDER the petition DENIED.

,J Hardesty

let4C4.4 J. kit:44M) Stiglich Silver

cc: Hon. Douglas W. Herndon, District JUdge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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