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Rider v. Fifth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 16, 2019
No. 77715-COA (Nev. App. Apr. 16, 2019)

Opinion

No. 77715-COA

04-16-2019

JUSTIN CHANSE RIDER, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF ESMERALDA, Respondent, and THE HONORABLE KIMBERLY A. WANKER, DISTRICT JUDGE, Real Party in Interest.


ORDER DENYING PETITION

This original petition and amended petition for a writ of mandamus or prohibition challenges a district court order granting the State's pretrial motion for discovery pursuant to NRS 174.245 and directing Justin Chanse Rider to disclose DHS/CPS records from Oregon. Because Rider can challenge the district court's decision on appeal in the event he is convicted, see 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, see NRS 34.170; NRS 34.330. Rider has not demonstrated any circumstances revealing urgency or strong necessity for this court to intervene even though there is 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). Therefore, without reaching the merit of the claim raised, we

ORDER the petition DENIED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Kimberly A. Wanker, District Judge

Justin Chanse Rider

Attorney General/Carson City

Esmeralda County Clerk


Summaries of

Rider v. Fifth Judicial Dist. Court

COURT OF APPEALS OF THE STATE OF NEVADA
Apr 16, 2019
No. 77715-COA (Nev. App. Apr. 16, 2019)
Case details for

Rider v. Fifth Judicial Dist. Court

Case Details

Full title:JUSTIN CHANSE RIDER, Petitioner, v. THE FIFTH JUDICIAL DISTRICT COURT OF…

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Apr 16, 2019

Citations

No. 77715-COA (Nev. App. Apr. 16, 2019)