From Casetext: Smarter Legal Research

Clark Cnty. Dist. Attorney v. State

Supreme Court of Nevada
Jan 12, 2023
523 P.3d 540 (Nev. 2023)

Opinion

No. 85832

01-12-2023

CLARK COUNTY DISTRICT ATTORNEY, Petitioner, v. The STATE of Nevada ; and Nevada State Board of Pardons Commissioners, Respondents.


ORDER DISMISSING PETITION FOR WRIT OF PROHIBITION

On December 19, 2022, petitioner filed this emergency petition for a writ of prohibition seeking to preclude the Nevada Board of Pardons Commissioners from holding its December 20, 2022, meeting, which petitioner asserts was improperly noticed, and in particular from deliberating and voting on agenda item VI, in light of petitioner's allegations that granting item VI would exceed the Board's authority and cause irreparable harm. Later that same day, the First Judicial District Court entered a writ of prohibition in a separate case instructing the Pardons Board to remove item VI from its agenda and to refrain from action on that item. State v. Nevada Board of Pardons, No. 22 EW 00047 1B (Dec. 19, 2022) (Writ of Prohibition).

After the Pardons Board's meeting concluded with no action taken on item VI, we entered an order to show cause why this writ petition should not be dismissed as moot, as it appeared that this court could grant no effective relief. See Univ. & Cmty. Coll. Sys. of Nev. v. Nevadans for Sound Gov't, 120 Nev. 712, 720, 100 P.3d 179, 186 (2004) (recognizing that "cases presenting live controversies at the time of their inception may become moot by the occurrence of subsequent events"). Petitioner timely responded to our show cause order, agreeing that the matter is moot and that the petition should be dismissed. Accordingly, we conclude that this matter is moot and thus

ORDER the petition DISMISSED.


Summaries of

Clark Cnty. Dist. Attorney v. State

Supreme Court of Nevada
Jan 12, 2023
523 P.3d 540 (Nev. 2023)
Case details for

Clark Cnty. Dist. Attorney v. State

Case Details

Full title:CLARK COUNTY DISTRICT ATTORNEY, Petitioner, v. THE STATE OF NEVADA; AND…

Court:Supreme Court of Nevada

Date published: Jan 12, 2023

Citations

523 P.3d 540 (Nev. 2023)