Woods (Donte) Vs. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: January 14, 2021
• Docket: 82275
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DONTE WOODS, No. 82275 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK, JAN 1 4 2021 Respondent, ELIZABETH A. BROWN and CLERK OF SUPREME COURT

THE STATE OF NEVADA, By 5.1 DEPUTY CLEIC

Real Party in Interest.

ORDER DENYING PETITION FOR A WRIT OF MANDAMUS

This is an original petition for a writ of mandamus seeking a writ directing the court of appeals to reverse and vacate the "order and/or action" denying petitioner's jury instructions #22 malice aforethought and #23 implied malice in regard to attempted murder. The relief petitioner seeks is not permitted under NRS 34.160. Moreover, petitioner already petitioned for review under NRAP 40B of the court of appeals order in Woods v. State, Docket No. 76841-COA (Order Affirming in Part, Reversing in Part and Remanding, March 19, 2020), and this court denied his petition. Woods v. State, Docket No. 76841 (Order Denying Petition for Review, July 8, 2020).

SUPREME COURT OF NEVADA

i0) 1947A 00. 01I - 012 3 7 4.1,TA "ti,a As a result, the law-of-the-case doctrine applies, Dictor v. Creative Mgrnt. Servs., LLC, 126 Nev. 41, 45, 223 P.3d 332, 334 (2010), precluding the relief petitioner seeks here. Accordingly, we ORDER the petition DENIED.

k ) C.J. Hardesty o

Parraguirre Silver

cc: Donte Woods Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk