518 P.3d 94
Nev.
2022
83968: Case View
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Case Information: 83968
Short Caption:JOHNSTON (DEREK) VS. DIST. CT. (STATE)Court:Supreme Court
Related Case(s):83589
Lower Court Case(s):Clark Co. - Eighth Judicial District - C354689Classification:Original Proceeding - Criminal - Mandamus
Disqualifications:Case Status:Writ Issued
Replacement:Panel Assigned: Panel
To SP/Judge:SP Status:
Oral Argument:06/15/2022 at 11:30 AMOral Argument Location:Las Vegas
Submission Date:06/15/2022How Submitted:After Oral Argument

+ Party Information
RoleParty NameRepresented By
PetitionerDerek JohnstonT. Augustus Claus (Legal Resource Group)
Real Party in InterestThe State of NevadaAlexander G. Chen (Clark County District Attorney)
Aaron D. Ford (Attorney General/Carson City)
Brianna K. Lamanna (Clark County District Attorney)
RespondentMary Kay Holthus
RespondentThe Eighth Judicial District Court of the State of Nevada, in and for the County of Clark

+ Due Items
Due DateStatusDue ItemDue From
10/31/2022OpenRemittitur
11/07/2022OpenOriginal Writ

Docket Entries
DateTypeDescriptionPending?Document
12/22/2021Filing FeePetition Filing Fee Waived. Criminal. (SC)
12/22/2021Petition/WritFiled Emergency Petition for Writ of Mandamus. (SC)21-36517
12/22/2021AppendixFiled Appendix to Petition for Writ - Volume 1. (CD included) (SC)21-36518
12/22/2021AppendixFiled Appendix to Petition for Writ - Volume 2. (SC)21-36519
12/22/2021Notice/IncomingFiled Affidavit. Verification. (SC)21-36561
12/28/2021Order/ProceduralFiled Order Directing Answer. Real party in interest, on behalf of respondents, shall have 7 days from the date of this order to file and serve an answer, including authorities, against issuance of the requested writ. Petitioner shall have 5 days from the date when real party in interest's answer is served to file and serve any reply. No extensions of time will be granted absent extraordinary and compelling circumstances demonstrated by written motion. (SC)21-36767
01/04/2022Petition/WritFiled Real Party in Interest's Answer to Emergency Petition for Writ. Under NRAP 27(e). (SC)22-00279
01/04/2022AppendixFiled Real Party in Interest's Appendix to Answer to Emergency Petition Under NRAP 27(e) for a Writ of Mandamus. Vol. 1. (SC)22-00280
01/12/2022MotionFiled Petitioner's Motion to Extend Time to File Reply to Answer to Emergency Petition. (SC)22-01238
01/12/2022Order/ProceduralFiled Order Granting Motion for Extension of Time. Petitioner has moved for a 9-day extension of time in which to file his reply, citing ongoing district court proceedings in this case. The motion is granted. Petitioner shall have until January 19, 2022, to file his reply. (SC)22-01273
01/20/2022MotionFiled Petitioner's Motion to Extend Time to File Reply to Answer to Emergency Petition for Writ of Mandamus. (SC)22-02066
01/24/2022Order/ProceduralFiled Order Granting Motion for Extension for Time. Petitioner shall have until January 26, 2022, to file a reply. (SC)22-02439
01/31/2022MotionFiled Petitioner's Motion to Extend Time to File Reply to Answer to Emergency Petition under NRAP 27(e) for a Writ of Mandamus (Third Request) (SC)22-03156
02/10/2022Order/ProceduralFiled Order Granting Motion for Extension of Time. On January 31, petitioner filed a third motion for an extension of time to file his reply. Petitioner submitted his reply on February 10, 2022. Although the reply was not timely submitted within the requested extended timeframe, the motion is granted, and the clerk of this court is directed to file petitioner's reply and accompanying appendix. (SC)22-04546
02/10/2022Petition/WritFiled Petitioner's Reply to Answer to Petition. (FILED PER ORDER 2/10/22). (SC)22-04547
02/10/2022AppendixFiled Petitioner's Reply Appendix Vol. 1. (FILED PER ORDER 2/10/22). (SC)22-04548
02/10/2022MotionFiled Motion to Transmit a Copy of the Evidentiary Hearing Exhibits. (SC)22-04588
05/09/2022Order/ProceduralFiled Order Scheduling Oral Argument. Oral argument is scheduled for June 15, 2022, at 11:30 a.m., in Las Vegas. The argument shall be limited to 30 minutes. (SC)22-14704
05/12/2022Order/ProceduralFiled Order Denying Motion. Petitioner has filed a motion to direct the district court clerk to transmit a copy of the evidentiary hearing exhibits. The motion is denied without prejudice. (SC)22-15048
06/01/2022Notice/OutgoingIssued Oral Argument Reminder Notice. (SC)22-17399
06/15/2022Case Status UpdateOral argument held this day. Case submitted for decision. Before the Southern Nevada Panel. JH/LS/DH. (SC).
10/06/2022Opinion/DispositionalFiled Authored Opinion. "Petition granted in part and denied in part." Before: Hardesty/Stiglich/Herndon. Author: Stiglich, J. Majority: Hardesty/Stiglich/Herndon. 138 Nev. Adv. Opn. No. 67. SNP22-JH/LS/DH. (SC).22-31494
10/06/2022WritIssued Writ with letter. Original and one copy of writ and copy of opinion mailed to Attorney T. Augustus Claus for service upon Judge Mary Kay Holthus. (SC)22-31508
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