Getty (Trent) v. Dist. Ct. (State) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
TRENT LAWRENCE GETTY, No. 70281
Petitioner,
vs.
THE NINTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
DOUGLAS; AND THE HONORABLE
NATHAN TOD YOUNG, DISTRICT
FILE
JUDGE, MAY 0 4 2016
Respondents, TRACIE K. LINDEMAN
and CLERK QF.SLIPREME COURT
BY
THE STATE OF NEVADA, DEPUTY CLERK
Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition
challenges a district court order denying a motion to dismiss an amended
information on the ground that it does not properly set forth the
requirements for the charged offense of first-degree felony murder. 1
Because petitioner can challenge the district court's decision on appeal in
the event that he is convicted, NRS 177.015(3); NRS 177.045, he has a
plain, speedy, and adequate remedy at law and, therefore, this court's
intervention by way of an extraordinary writ is not warranted, NRS
34.170. Petitioner has not pointed to any circumstances that reveal
urgency or strong necessity for this court to intervene even though there is
'In the alternative, petitioner seeks a writ of prohibition. Because
the district court had jurisdiction to consider petitioner's motion to dismiss
the amended information, a writ of prohibition is inappropriate. See NRS
34.320.
an alternative remedy available. Cf. Salaiscooper v. Eighth Judicial Dist.
Court, 117 Nev. 892, 901-02, 34 P.3d 509, 515-16 (2001) (concluding that
review through writ petition was warranted even though there was an
alternative remedy where there were 56 similar cases with the same
issues pending in lower courts and petition presented issue of great
statewide importance). Accordingly, we
ORDER the petition DENIED.
, •
Saitta Pickering
cc: Hon. Nathan Tod Young, District Judge
Maria Pence, Esq.
Attorney General/Carson City
Douglas County District Attorney/Minden
Douglas County Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A