WOODS v. The State of Nevada, Real Party in Interest. (2021)

Supreme Court of Nevada.

Donte WOODS, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK, Respondent, The State of Nevada, Real Party in Interest.

No. 82275

Decided: January 14, 2021

Attorney General/Carson City Clark County District Attorney

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This is an original petition for a writ of mandamus seeking a writ directing the court of appeals to reverse and vacate the “order and/or action” denying petitioner's jury instructions #22 malice aforethought and #23 implied malice in regard to attempted murder.

The relief petitioner seeks is not permitted under NRS 34.160. Moreover, petitioner already petitioned for review under NRAP 40B of the court of appeals order in Woods v. State, Docket No. 76841-COA (Order Affirming in Part, Reversing in Part and Remanding, March 19, 2020), and this court denied his petition. Woods v. State, Docket No. 76841 (Order Denying Petition for Review, July 8, 2020).

As a result, the law-of-the-case doctrine applies, Dictor v. Creative Mgmt. Servs., LLC, 126 Nev. 41, 45, 223 P.3d 332, 334 (2010), precluding the relief petitioner seeks here. Accordingly, we

ORDER the petition DENIED.

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