RAMSAY v. STATE (2024)

ORDER DISMISSING APPEAL

Appellant Ackeem Ramsay challenges the imposition of a probation condition to stay away from the Las Vegas Resort Corridor. The State has filed a motion to dismiss the appeal as moot because Ramsay was honorably discharged from probation on October 23, 2024. The State argues that because Ramsay is no longer under any conditions of probation and therefore is not restricted from entering the resort corridor, the case no longer presents a live controversy. Ramsay opposes this motion, arguing that this court can still address the appeal since “the Clark County Code's order out provision's constitutionality is an issue of widespread importance and capable of repetition yet evading review.”

Mootness concerns a question of justiciability. Personhood. Nev. v. Bristol, 126 Nev. 599, 602, 245 P.3d 572, 574 (2010). A case on appeal is moot when the court cannot grant effective relief with respect to the challenged order. Id. We do not render advisory opinions but resolve actual controversies by an enforceable judgment. NCAA v. Univ. of Nev., 97 Nev. 56, 57, 624 P.2d 10, 10 (1981). However, we may consider a potentially moot appeal if it is an important matter that is capable of repetition, yet evading review. Personhood, 126 Nev. at 602, 245 P.3d at 574. The capable-of-repetition-yet-evading-review exception applies if the duration of the challenged action is “relatively short” and there exists a “likelihood that a similar issue will arise in the future.” Traffic Control Servs. v. United Rentals, 120 Nev. 168, 171-72, 87 P.3d 1054, 1057 (2004).

Ramsay does not have standing to challenge the constitutionality of Clark County Code (CCC) 12.02.010-.030 because he was not arrested under, charged with, or convicted of violating CCC 12.02.030. Thus, Ramsay's sole challenge in this appeal is to the validity of the order-out-corridor probation condition as applied to him alone. Because Ramsay has been honorably discharged from probation and is no longer subject to the challenged probation condition, this appeal is moot. Cf. Newman v. State, 132 Nev. 340, 341 n.1, 373 P.3d 855, 856 n.1 (2016) (deeming moot a challenge to probation revocation where the underlying sentence was discharged). We further conclude that though this issue is capable of repetition, it ultimately will not evade review. In the likely event that a case ripe for this court's review presents itself, we will address it on the merits accordingly.¹

Because we agree with the State that this appeal is moot, we grant the motion and

ORDER this appeal DISMISSED.

FOOTNOTES

1.   Amici curiae additionally filed a motion for leave to file a brief in support of appellant's opposition to the State's motion to dismiss. However, as we find Ramsay's case moot, we need not entertain this motion.