State v. Dist. Ct. Elgaard (Jason) ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
THE STATE OF NEVADA, No. 68620
Petitioner,
vs.
THE SECOND JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
IN AND FOR THE COUNTY OF
WASHOE; AND THE HONORABLE
ED
SCOTT N. FREEMAN, DISTRICT APR 0 1 2016
JUDGE, 7RACIE K. UNDEMAN
Respondents, CLERK OFISUPREME COURT
EY
and DEPUTY CLERK
JASON MICHAEL ELGAARD,
Real Party in Interest.
ORDER DENYING PETITION FOR
WRIT OF MANDAMUS OR PROHIBITION
This is an original petition for a writ of mandamus or
prohibition challenging a district court order limiting the State's use of
retrograde extrapolation evidence to determine the real party in interest's
blood alcohol level at the time of his motorcycle accident.
Having reviewed the documents submitted in this matter, and
without deciding upon the merits of any claims raised therein, we are not
persuaded our extraordinary and discretionary intervention is warranted.
See NRS 34.160; NRS 34.320; Smith v. Eighth Judicial Dist. Court, 107
Nev. 674, 677, 818 P.2d 849, 851 (1991). Accordingly, we
SUPREME COURT
OF
NEVADA
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02
ORDER the petition DENIED.
cc: Hon. Scott N. Freeman, District Judge
Attorney General/Carson City
Washoe County District Attorney
Stephen N. Scheerer
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A