In Re: A.C.

Nevada Supreme Court

In Re: A.C.

DecidedNovember 5, 2021

Docket82850

StatusPublished

This text of In Re: A.C. (In Re: A.C.) 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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In Re: A.C., (Neb. 2021).

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IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF: A. C., A MINOR No. 82850 CHILD.

A. C., Petitioner. vs. FILE THE SIXTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, NOV 05 2021 IN AND FOR THE COUNTY OF ELIZABETH A. BROWN a.ERK OF UPPED& COURT HUMBOLDT; AND THE HONORABLE BY • MICHAEL MONTERO, DISTRICT Cfr.'r-A4 ÜEP1JTV CLEE .1.1 4

JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, PROHIBITION

Petitioner, A.C., a minor child, seeks a writ of mandamus directing the district court and State to dismiss the habitual truancy citation issued against petitioner in the juvenile division of the sixth judicial district court or issue a writ of prohibition barring his prosecution. The State filed an answer indicating that petitioner's truancy citation was dismissed on May 26, 2021, and arguing this petition should be dismissed for lack of standing and because the petition is now moot. Petitioner did not file a reply. "To establish standing . . . the petitioner must demonstrate a 'beneficial interest in obtaining writ relief." Heller v. Legislature of Nev., 120 Nev. 456, 460-61, 93 P.3d 746, 749 (2004); see NRS 34.170 ("This SUPREME COURT OF NEVAOA

ll vo.:74

00 - 3179?. writ . . shall be issued upon affidavit, on the application of the party beneficially interested."). Because petitioner's habitual truancy citation has been dismissed, we must deny the instant petition because petitioner will neither gain directly from its issuance, nor will petitioner suffer direct harm if it is denied. Heller, 120 Nev. at 461, 93 P.3d at 749. Further, because petitioner has already obtained his requested relief and is not being prosecuted by the district court, we conclude that the issues presented in this petition are now moot. Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Accordingly, we deny the petition. It is so ORDERED.

Hardesty

L Parraguirre tek.Stitir""07 Ai4L-0 Stiglich , J.

cc: Hon. Michael Montero, District Judge Humboldt County Public Defender Attorney General/Carson City Humboldt County District Attorney Humboldt County Clerk

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IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF: A. C., A MINOR No. 82850 CHILD.

A. C., Petitioner. vs. FILE THE SIXTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, NOV 05 2021 IN AND FOR THE COUNTY OF ELIZABETH A. BROWN a.ERK OF UPPED& COURT HUMBOLDT; AND THE HONORABLE BY • MICHAEL MONTERO, DISTRICT Cfr.'r-A4 ÜEP1JTV CLEE .1.1 4

JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS, OR IN THE ALTERNATIVE, PROHIBITION

Petitioner, A.C., a minor child, seeks a writ of mandamus directing the district court and State to dismiss the habitual truancy citation issued against petitioner in the juvenile division of the sixth judicial district court or issue a writ of prohibition barring his prosecution. The State filed an answer indicating that petitioner's truancy citation was dismissed on May 26, 2021, and arguing this petition should be dismissed for lack of standing and because the petition is now moot. Petitioner did not file a reply. "To establish standing . . . the petitioner must demonstrate a 'beneficial interest in obtaining writ relief." Heller v. Legislature of Nev., 120 Nev. 456, 460-61, 93 P.3d 746, 749 (2004); see NRS 34.170 ("This SUPREME COURT OF NEVAOA

ll vo.:74

00 - 3179?. writ . . shall be issued upon affidavit, on the application of the party beneficially interested."). Because petitioner's habitual truancy citation has been dismissed, we must deny the instant petition because petitioner will neither gain directly from its issuance, nor will petitioner suffer direct harm if it is denied. Heller, 120 Nev. at 461, 93 P.3d at 749. Further, because petitioner has already obtained his requested relief and is not being prosecuted by the district court, we conclude that the issues presented in this petition are now moot. Nat'l Collegiate Athletic Ass'n v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Accordingly, we deny the petition. It is so ORDERED.

Hardesty

L Parraguirre tek.Stitir""07 Ai4L-0 Stiglich , J.

cc: Hon. Michael Montero, District Judge Humboldt County Public Defender Attorney General/Carson City Humboldt County District Attorney Humboldt County Clerk

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