Falconi Vs. Dist. Ct. (Alaniz)
This text of Falconi Vs. Dist. Ct. (Alaniz) (Falconi Vs. Dist. Ct. (Alaniz)) 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.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
ALEXANDER M. FALCONI, D/B/A OUR No. 80033 NEVADA JUDGES, Petitioner, vs. THE SIXTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILED IN AND FOR THE COUNTY OF HUMBOLDT; AND THE HONORABLE NOV 1 9 2019 MICHAEL MONTERO, DISTRICT ELIZ CROWN CLERK RELIE t=JRT JUDGE, BY Respondents, DEPOIY CLERK
and NORA ALANIZ; KRISTOPHER DANIEL; AND THE STATE OF NEVADA, Real Parties in Interest.
ORDER DENYING PETITION FOR WRIT OF MANDAMUS
This emergency, original petition for a writ of mandamus under SCR 243 challenges a November 14, 2019, district court order denying petitioner's request for media access to an upcoming hearing in a child support matter. Mandamus is properly requested to compel the district court to perform a legally required act or to correct a manifest abuse or arbitrary or capricious exercise of discretion. NRS 34.160; State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. 927, 931, 267 P.3d 777, 779 (2011). Whether a petition seeking such extraordinary relief will be considered by this court, however, is purely discretionary. Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851-52 (1991). This writ petition raises significant legal court-access questions and issues of statutory interpretation. Petitioner filed it yesterday SUPREME COURT OF
4. 47343 NEVADA
(0) 1947A afternoon and sought relief by 1 p.m. today. No stay was requested, nor could one be, as petitioner is not a party to the action below. This court has insufficient time to meaningfully review and address the important issues raised by petitioner within the timeframe requested. Accordingly, we decline to exercise our discretion to intervene by way of extraordinary writ relief at this time, and we ORDER the petition DENIED.
J. Hardesty
J. Stiglich
J. Silver
cc: Hon. Michael Montero, District Judge Alexander M. Falconi Kale M. Brock Humboldt County District Attorney Evenson Law Office Humboldt County Clerk
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