City of Las Vegas v. Dist. Ct. Seaton (Joseph) ( 2015 )


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  •                 the law or a clearly erroneous application of a law or rule" (internal
    quotations, brackets, and citations omitted)); State v. Eighth Judicial Dist.
    Court (Riker), 
    121 Nev. 225
    , 233, 
    112 P.3d 1070
    , 1075 (2005) (concluding
    that "extraordinary relief is not warranted for routine correction of errors
    that a district court may make," and "[t]hat the [prosecution], or even this
    court, might disagree with the district court's conclusion is not a reason to
    seek extraordinary relief as long as the district court has made a
    reasonable effort to follow the applicable law");         Round Hill Gen.
    Improvement Dist. v. Newman,      
    97 Nev. 601
    , 603-04, 
    637 P.2d 534
    , 536
    (1981) ("Mandamus will not lie to control discretionary action unless
    discretion is manifestly abused or is exercised arbitrarily or capriciously."
    (internal citation omitted)). We are not convinced that our intervention by
    way of extraordinary relief is warranted, see Smith v. Eighth Judicial
    Dist. Court, 
    107 Nev. 674
    , 677,818 P.2d 849, 851 (1991) (holding that the
    decision to entertain a writ of mandamus is within this court's sole
    discretion), particularly where the matter is remanded for a new trial.
    Accordingly, we
    ORDER the petition DENIED.
    Saitta
    I CACI
    Pickering
    cc: Hon. Rob Bare, District Judge
    Las Vegas City Attorney
    Las Vegas City Attorney/Criminal Division
    Law Offices of John G. Watkins
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    

Document Info

Docket Number: 67962

Filed Date: 7/22/2015

Precedential Status: Non-Precedential

Modified Date: 4/17/2021