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

Nevada Supreme Court

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

DecidedMay 4, 2016

Docket70281

StatusUnpublished

This text of Getty (Trent) v. Dist. Ct. (State) (Getty (Trent) v. Dist. Ct. (State)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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Opinion

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

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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

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