Opinion
No. 77509
01-17-2019
ROSS STRAUSS, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VALERIE ADAIR, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This petition for a writ of mandamus or alternatively writ of prohibition challenges the denial of a pretrial petition for a writ of habeas corpus and seeks dismissal of count 1 (murder). Having considered the petition, we are not satisfied that this court's intervention by way of extraordinary relief is warranted. See Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 545-46, 612 P.2d 679, 680 (1980) (explaining that review of a pretrial probable cause determination through an original writ petition is disfavored); Ostman v. Eighth Judicial Dist. Court, 107 Nev. 563, 565, 816 P.2d 458, 459-60 (1991) (entertaining a pretrial challenge to a probable cause determination by original writ petition where the petition presented purely legal issues). Accordingly, we
ORDER the petition DENIED.
/s/_________, J.
Hardesty /s/_________, J.
Stiglich /s/_________, J.
Silver cc: Hon. Valerie Adair, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk