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THE STATE OF NEVADA, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE ERIKA D. BALLOU, DISTRICT JUDGE, Respondents, MIA CHRISTMAN, Real Party in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS AND PROHIBITION
This emergency original petition for a writ of mandamus and prohibition seeks to compel the district court's compliance with a writ of mandamus issued on October 13, 2023, in State v. Eighth Jud. Dist. Ct. (Christman), No. 86007, 2023 WL 6781265 (Nev. Oct. 12, 2023) (Order Granting Petition), and to prohibit the district court from holding an evidentiary hearing on real party in interest's motion to modify sentence. Real party in interest has filed motions for leave to file an answer and to disqualify the Clark County District Attorney's Office.
Earlier today, we entered an order in Docket No. 86007 addressing petitioner's motion to enforce the October 13 writ. In the order, the chief judge was directed to reassign the underlying cases (including the motion to modify sentence pending below) to a different district court judge, after which this court's orders are to be complied with promptly. Given our order in Docket No. 86007, the relief requested in this petition is moot, Personhood Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010), and we therefore decline to further consider it, NRAP 21(b). Consequently, and as real party in interest may pursue disqualification of the Clark County District Attorney's Office in the district court, we deny real party in interest's motions for leave to file an answer and to disqualify. In light of this order, we
ORDER the petition DENIED.
Stiglich, J.
Lee, J.
Bell, J.
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Docket No: No. 88574
Decided: May 03, 2024
Court: Supreme Court of Nevada.
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