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ANDERSEN (CHRISTOPHER) VS. DIST. CT. (CITY OF LAS VEGAS)

Citation: 2019 NV 42Docket: 75208

Court: Nevada Supreme Court; September 12, 2019; Nevada; State Supreme Court

Original Court Document: View Document

Narrative Opinion Summary

The case at hand involved a petitioner challenging the City of Las Vegas through a habeas corpus petition, with proceedings conducted by the Supreme Court of Nevada. Originating from the Eighth Judicial District Court in Clark County, the case addressed the legality of the petitioner's detention, with the petitioner alternatively seeking a writ of mandamus. The case, identified by the lower court case number C319933, proceeded to oral arguments on January 22, 2019. The Supreme Court, under Justice Stiglich's authorship and majority support, delivered a ruling on September 12, 2019, in favor of the petitioner, thereby granting the requested relief. Throughout the procedural journey, the petitioner was represented by multiple attorneys, while the City of Las Vegas was represented by officials from the City Attorney's Office and the Attorney General's Office. The issuance of a 'Notice in Lieu of Remittitur' indicated the court's final action, effectively closing the case. The court's decision underscores its role in safeguarding legal rights through habeas corpus and mandamus petitions, reaffirming its capacity to intervene in criminal matters as necessary.

Legal Issues Addressed

Habeas Corpus Petition in Criminal Proceedings

Application: The Supreme Court of Nevada reviewed an original habeas corpus petition filed by the petitioner against the City of Las Vegas to address issues regarding the legality of the petitioner's detention.

Reasoning: The case is classified as an original proceeding in a criminal matter, specifically a habeas corpus petition.

Supreme Court's Authority in Granting Relief

Application: The Nevada Supreme Court granted the petition, demonstrating its authority to provide relief in original proceedings when justified by the case merits.

Reasoning: The Supreme Court issued a ruling on September 12, 2019, granting the petition, with the decision authored by Justice Stiglich and supported by a majority of the court.

Writ of Mandamus as an Alternative Remedy

Application: The petitioner sought either a writ of habeas corpus or, alternatively, a writ of mandamus, indicating a request for the court to compel the City of Las Vegas to perform a duty owed to the petitioner.

Reasoning: The petition sought a writ of habeas corpus or alternatively, a writ of mandamus.