Opinion
No. 82620
03-24-2021
Austin HUMPHRIES, Petitioner, v. The Honorable Tara D. Clark NEWBERRY, District Judge; and the Eighth Judicial District Court of the State of Nevada, in and for the County of Clark, Respondents, and The State of Nevada, Real Party in Interest.
Clark County Public Defender Attorney General/Carson City Clark County District Attorney
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This petition for a writ of mandamus, or prohibition, seeks an order directing the district court to immediately vacate petitioner's temporary revocation of probation and to reinstate him on probation. We decline to exercise our discretion to entertain this petition because petitioner has an adequate legal remedy by way of an appeal from the order revoking probation. Walker v. Second Judicial Dist. Court, 136 Nev., Adv. Op. 80, 476 P.3d 1194, 1198 (2020) (recognizing that the court's concern is with the existence of a remedy not whether the remedy would be unproductive in a particular case, and explaining "[a] remedy does not fail to be speedy and adequate, because, by pursuing it through the ordinary course of law, more time probably would be consumed than in a mandamus proceeding" (quoting Washoe County v. City of Reno, 77 Nev. 152, 156, 360 P.2d 602, 603 (1961) )); 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 or prohibition is discretionary). Although petitioner suggests that an appeal would take too long and his temporary revocation would expire before an appeal could be briefed and resolved, this court's rules allow an appeal to be expedited on the court's own or a party's motion. NRAP 2 ; see also NRAP 31(a). Accordingly, we
ORDER the petition DENIED.