Opinion
No. 77270
12-11-2018
OSCAR VALLADARES-VENCES, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE JENNIFER P. TOGLIATTI, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges a district court order denying a motion to suppress a statement to police pursuant to Jackson v. Denno, 378 U.S. 368 (1964). Having considered the petition and supporting documents, we conclude that our intervention is not warranted as petitioner has an adequate remedy by way of an appeal should he be convicted. See NRS 34.170; Williams v. Eighth Judicial Dist. Court, 127 Nev. 518, 525, 262 P.3d 360, 365 (2011) (recognizing that writ relief is generally inappropriate to address "evidentiary rulings, as those rulings are discretionary and there typically is an adequate remedy in the form of an appeal following an adverse final judgment."). Accordingly, we
In the alternative, petitioner seeks a writ of prohibition. Because ruling on a motion to suppress is not outside of a district court's jurisdiction, such a writ is not available. NRS 34.320.
ORDER the petition DENIED.
/s/_________, J.
Pickering
/s/_________, J.
Gibbons
/s/_________, J.
Hardesty cc: Hon. Jennifer P. Togliatti, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk