Woods, Jr. (Edward) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: October 13, 2016
• Docket: 71103
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

EDWARD WOODS, JR., No. 71103 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE FILED STEFANY MILEY, DISTRICT JUDGE, OCT 1 3 2016 Respondents, ELIZABETH A BROWN CLERK9ffSUPREMEcovgT and BY • THE STATE OF NEVADA, DEPUTY MERK

Real Party in Interest.

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus challenging an order of the district court denying a pro se pretrial petition for a writ of habeas corpus. In his pretrial petition for a writ of habeas corpus, petitioner sought to dismiss several counts of his indictment as unsupported by sufficient evidence or redundant with other charges. We have considered the petition and documents on file herein, and we decline to intervene in this matter as petitioner has an adequate remedy at law by way of an appeal should he be convicted. See NRS 34.170. Moreover, we generally decline to exercise our discretion to consider challenges to the sufficiency of the evidence supporting a probable cause determination. See Kussman v. Eighth Judicial Dist. Court, 96 Nev. 544, 546, 612 P.2d 679, 680 (1980) (explaining that judicial economy and sound administration of

SUPREME COURT OF NEVADA

(0) 1947A 731, atiA4L-",_ it justice generally militate against the use of mandamus to review pretrial probable cause determinations). Accordingly, we ORDER the petition DENIED.

ADZ -mt.! rti Douglas

J.

Gibbons

cc: Hon. Stefany Miley, District Judge Edward Woods, Jr. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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