Brown (Louis) Vs. Dist. Ct. (State)

Nevada Supreme Court

Brown (Louis) Vs. Dist. Ct. (State)

DecidedMarch 17, 2020

Docket80453

StatusPublished

This text of Brown (Louis) Vs. Dist. Ct. (State) (Brown (Louis) Vs. Dist. Ct. (State)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Brown (Louis) Vs. Dist. Ct. (State), (Neb. 2020).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

LOUIS DEMOND BROWN, No. 80453 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT ,3 1 COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLAM AND THE HONORABLE RICHARD SCOTTI, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of certiorari, mandamus, or prohibition. Petitioner Louis Brown challenges the district court's resolution of his appeal from a misdemeanor conviction for battery constituting domestic violence. We have considered the petition on file herein, and we are not satisfied that this court's intervention by way of extraordinary writ is warranted because petitioner has not demonstrated that the remedy of an appeal to the district court was inadequate. See NRS 34.020; NRS 34.160; NRS 34.320; see also State v. Eighth Judicial Dist. Court (Hedland), 116 Nev. 127, 134, 994 P.2d 692, 696-97 (2000) (explaining that this court generally has declined to entertain petitions seeking review of district court decisions when the district court was acting in its appellate capacity "unless the district court has improperly refused to exercise its jurisdiction, has exceeded its jurisdiction, or has exercised its discretion in an arbitrary or capricious mannee or when there is "a split of authority amongst the lower courte and the only way to resolve the split is for this court to entertain a writ petition); State v. Eighth Judicial Dist. Court,

- 1, (Armstrong), 127 Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (recognizing that an arbitrary or capricious exercise of discretion is one that is contrary to the evidence or established rules of law); Goicoechea v. District Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (A writ of prohibition . . . will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration."). Accordingly, we ORDER the petition DENIED.

LiLtia.t) Silver J.

cc: Hon. Richard Scotti, District Judge Special Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME Courcr OF NEVADA 2 (0) I947A

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IN THE SUPREME COURT OF THE STATE OF NEVADA

LOUIS DEMOND BROWN, No. 80453 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT ,3 1 COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLAM AND THE HONORABLE RICHARD SCOTTI, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of certiorari, mandamus, or prohibition. Petitioner Louis Brown challenges the district court's resolution of his appeal from a misdemeanor conviction for battery constituting domestic violence. We have considered the petition on file herein, and we are not satisfied that this court's intervention by way of extraordinary writ is warranted because petitioner has not demonstrated that the remedy of an appeal to the district court was inadequate. See NRS 34.020; NRS 34.160; NRS 34.320; see also State v. Eighth Judicial Dist. Court (Hedland), 116 Nev. 127, 134, 994 P.2d 692, 696-97 (2000) (explaining that this court generally has declined to entertain petitions seeking review of district court decisions when the district court was acting in its appellate capacity "unless the district court has improperly refused to exercise its jurisdiction, has exceeded its jurisdiction, or has exercised its discretion in an arbitrary or capricious mannee or when there is "a split of authority amongst the lower courte and the only way to resolve the split is for this court to entertain a writ petition); State v. Eighth Judicial Dist. Court,

- 1, (Armstrong), 127 Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (recognizing that an arbitrary or capricious exercise of discretion is one that is contrary to the evidence or established rules of law); Goicoechea v. District Court, 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (A writ of prohibition . . . will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration."). Accordingly, we ORDER the petition DENIED.

LiLtia.t) Silver J.

cc: Hon. Richard Scotti, District Judge Special Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME Courcr OF NEVADA 2 (0) I947A

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