Pamplin (John) Vs. Dist. Ct. (State)
This text of Pamplin (John) Vs. Dist. Ct. (State) (Pamplin (John) 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.
Opinion
IN THE SUPREME COURT OF THE STATE OF NEVADA
JOHN DAVID PAMPLIN, No. 83332 Petitioner, VS.
THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILE IN AND •FOR THE COUNTY OF CLARK, SEP 2 2021 Respondent, £1.!..ZAB/ 114. SRCPA1,4 CLEP liPREME and BY ¡E1TVC1ERX THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of mandamus seeking to compel the district court to entertain jurisdiction over a motion for new trial or to vacate judgment and a motion to withdraw guilty plea. Petitioner alleges that the district court divested itself of jurisdiction over petitioner's motion for new trial or to vacate judgment pursuant to NRS 176.515, filed on June 24, 2021, and a motion to withdraw plea of guilty pursuant to NRS 176.165, filed on June 30, 2021, because it failed to hold the hearing on the motions that was scheduled for July 7, 2021. Petitioner seeks a writ of mandamus to compel the district court to entertain jurisdiction over those motions and reach a decision on them. However, upon a review of the district court's docket, it appears that the district court has addressed the motions and issued a minute order denying the motions on July 6, 2021, and that a written order denying the motions was issued on July 30, 2021. Under these circumstances, we conclude that the issues presented in this petition are now moot and this court's SUPREME COURT OF NEVADA
MI 1047A .4PP t 25W! intervention by way of extraordinary writ is not warranted. Nat'l Collegiate Athletic Ass'n. v. Univ. of Nev., Reno, 97 Nev. 56, 58, 624 P.2d 10, 11 (1981). Accordingly, we ORDER the petition DENIED.
C.J. Hardesty
J. Par' aguirre Cadish
cc: John David Pamplin Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk
SUPREME COURT OF NEVADA 2 (0) I947A 44ggr.
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