Opinion
No. 63059
05-15-2013
RAFAEL DELTORRO MORALES, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ELIZABETH GOFF GONZALEZ, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus or prohibition challenges a district court ruling denying petitioner's motion to dismiss based on an alleged violation of Brady v. Maryland, 373 U.S. 83 (1963) and spoliation of evidence. We have considered the petition and the documents submitted, and we are not satisfied that this court's intervention by way of extraordinary writ is warranted because petitioner has an adequate remedy at law in this instance to challenge the district court's discovery and evidentiary rulings by way of an appeal should he be convicted. See NRS 34.170; NRS 34.330; Williams v. Eighth Judicial Dist. Court, 127 Nev. _______, ________, 262 P.3d 360, 365 (2011) (observing that "generally this court will not consider writ petitions challenging evidentiary rulings, as those rulings are discretionary" and defendant may appeal if convicted); Hetter v. Eighth Judicial Dist. Court, 110 Nev. 513, 515, 874 P.2d 762, 763 (1994) (recognizing that absent limited exceptions, "extraordinary writs are not available to review discovery orders"). Accordingly, we deny the petition. See NRAP 21(b).
It is so ORDERED.
__________________________, J.
Gibbons
__________________________, J.
Douglas
__________________________, J.
Saitta
cc: Hon. Elizabeth Goff Gonzalez, District Judge
Louis C. Schneider, LLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk