Gonzalesv.Eighth Judicial Dist. Court of State

SUPREME COURT OF THE STATE OF NEVADAJun 10, 2015
No. 68000 (Nev. Jun. 10, 2015)

No. 68000

06-10-2015

JOSE ALEJANDRO GONZALES, Appellant, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHLEEN E. DELANEY, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER DENYING PETITION

This original petition for a writ of mandamus challenges a district court order denying petitioner's motion to preclude the State from seeking the death penalty or, alternatively, to stay the proceedings indefinitely. Petitioner argues that extraordinary relief is warranted because he is unable to conduct a constitutionally-sufficient mitigation investigation, as that investigation requires the defense team to travel to Jiquilpan, Michoacan—an exceptionally violent and dangerous region in Mexico—and therefore the State should be precluded from seeking the death penalty. Alternatively, he argues that the proceedings must be stayed until the defense team can safely conduct its mitigation investigation in Mexico. Because petitioner has an adequate remedy at law should he be convicted and death imposed, we decline to intervene in this matter. See NRS 34.170 (providing that writ of mandamus will not issue if petitioner has plain, speedy, and adequate remedy in ordinary course of law); Poulos v. Eighth Judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (observing that mandamus is extraordinary remedy, and it is within this court's discretion to determine if petition will be considered). Accordingly, we

Alternatively, petitioner seeks a writ of prohibition. Because the district court had jurisdiction to consider petitioner's motion, prohibition is not appropriate.

ORDER the petition DENIED.

/s/_________, J.


Saitta
/s/
_________, J.
Gibbons
/s/
_________, J.
Pickering
cc: Hon. Kathleen E. Delaney, District Judge


Special Public Defender


Attorney General/Carson City


Clark County District Attorney


Eighth District Court Clerk