Panicaro Vs. Dist. Ct. (State)

Nevada Supreme Court

Panicaro Vs. Dist. Ct. (State)

DecidedSeptember 18, 2020

Docket81320

StatusPublished

This text of Panicaro Vs. Dist. Ct. (State) (Panicaro 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.

Bluebook

Panicaro Vs. Dist. Ct. (State), (Neb. 2020).

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Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JOE PANICARO, No. 81320 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILIL IN AND FOR THE COUNTY OF SEP 8 1020 WASHOE; AND THE HONORABLE DAVID A. HARDY, DISTRICT JUDGE, PitEME COURT

Respondents, DEP TY CLERK and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus challenging the decision to deny a motion to disqualify the judges of the First Judicial District Court. We have reviewed the documents submitted in this matter, and we conclude that this court's intervention by extraordinary writ is not warranted because petitioner did not demonstrate disqualification was required. See NRS 34.160; Poulos v. Eighth judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (recognizing that it is within this court's discretion to determine if a petition will be considered); Round Hill Gen. Improvement Dist. v. Newrnan, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (recognizing that a writ of mandamus is available to compel the performance of an act which the law requires as a duty resulting from an office, trust or station, or to control an arbitrary or capricious exercise of discretion); see also NRS 1.230 (setting forth grounds for disqualification of district court judges); PETA v. Bobby Berosini, Ltd., 111 Nev. 431, 435-38, 894 P.2d 337, 340-41 (1995) (recognizing that a violation of Nevada Code of Judicial Conduct may be a ground for disqualification and that this court SLIPREFAE COURT Of NEVADA

(0) 1947A 41W - will exercise its independent judgment in evaluating whether impartiality can reasonably be questioned under an objective standard), overruled on other grounds by Towbin Dodge, LLC v. Eighth Judicial Dist. Court, 121 Nev. 251, 112 P.3d 1063 (2005). Accordingly, we ORDER the petition DENIED.

Parraguirre

, J. Hardesty

J. Cadish

cc: Hon. David A. Hardy, District Judge Joe Panicaro Attorney General/Carson City Storey County District Attorney Carson City Clerk

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IN THE SUPREME COURT OF THE STATE OF NEVADA

JOE PANICARO, No. 81320 Petitioner, vs. THE SECOND JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, FILIL IN AND FOR THE COUNTY OF SEP 8 1020 WASHOE; AND THE HONORABLE DAVID A. HARDY, DISTRICT JUDGE, PitEME COURT

Respondents, DEP TY CLERK and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus challenging the decision to deny a motion to disqualify the judges of the First Judicial District Court. We have reviewed the documents submitted in this matter, and we conclude that this court's intervention by extraordinary writ is not warranted because petitioner did not demonstrate disqualification was required. See NRS 34.160; Poulos v. Eighth judicial Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (recognizing that it is within this court's discretion to determine if a petition will be considered); Round Hill Gen. Improvement Dist. v. Newrnan, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (recognizing that a writ of mandamus is available to compel the performance of an act which the law requires as a duty resulting from an office, trust or station, or to control an arbitrary or capricious exercise of discretion); see also NRS 1.230 (setting forth grounds for disqualification of district court judges); PETA v. Bobby Berosini, Ltd., 111 Nev. 431, 435-38, 894 P.2d 337, 340-41 (1995) (recognizing that a violation of Nevada Code of Judicial Conduct may be a ground for disqualification and that this court SLIPREFAE COURT Of NEVADA

(0) 1947A 41W - will exercise its independent judgment in evaluating whether impartiality can reasonably be questioned under an objective standard), overruled on other grounds by Towbin Dodge, LLC v. Eighth Judicial Dist. Court, 121 Nev. 251, 112 P.3d 1063 (2005). Accordingly, we ORDER the petition DENIED.

Parraguirre

, J. Hardesty

J. Cadish

cc: Hon. David A. Hardy, District Judge Joe Panicaro Attorney General/Carson City Storey County District Attorney Carson City Clerk

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Panicaro Vs. Dist. Ct. (State), Counsel Stack Legal Research, https://law.counselstack.com/opinion/panicaro-vs-dist-ct-state-nev-2020.

Opinion

J. Cadish

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