EVAN SCOTT GRANT v. MARY BAKER SUSAN JACKSON TONY CORDA MICHAEL KEELER DARLA FOLEY AND THE STATE OF NEVADA BOARD OF PAROLE COMMISSIONERS (2023)

ORDER DISMISSING APPEAL

Evan Scott Grant appeals from an order of the district court denying a petition for a writ of mandamus filed on July 15, 2021. First Judicial District Court, Carson City; James E. Wilson, Judge.

In his petition, Grant challenged the Nevada Board of Parole Commissioners’ (Parole Board) February 20, 2020, order denying him parole. Grant contended that the Parole Board failed to consider the Nevada Department of Corrections’ risk assessment and all applicable mitigating factors in denying him parole, and he requested a new parole hearing. The district court denied Grant's petition, and this appeal followed. Thereafter, Grant filed a notice of change of address with the Nevada Supreme Court that suggested he had been released on parole. This court thus issued an order to show cause why the appeal should not be dismissed as moot. See Grant v. Baker, Docket No. 84437-COA (Order to Show Cause, February 15, 2023).

In his response to the order to show cause, Grant concedes he has been released on parole since filing his appeal. Because Grant has received the relief requested in his petition, we conclude that Grant's appeal has become moot.¹ See Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010) (“[E]ven though a case may present a live controversy at its beginning, subsequent events may render the case moot.”). Accordingly, we

ORDER this appeal DISMISSED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.

FOOTNOTES

1.   Grant contends his appeal is not moot because the Parole Board will consider the risk assessment, aggravators, and mitigators that were identified by the Parole Board at his 2020 parole hearing in determining the conditions of his lifetime supervision. Grant's concern regarding the future use of those factors was not raised in his petition below, and we decline to consider his concern for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).