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STATE v. DIST. CT.

No. 36090.

11 P.3d 1209 (2000)

The STATE of Nevada, Petitioner, v. The SECOND JUDICIAL DISTRICT COURT of the State of Nevada, In and For the COUNTY OF WASHOE, and the Honorable Jerome M. Polaha, District Judge, Respondents, Calvin Miles Marshall and Raymond Edward Currington, Real Parties in Interest.

Supreme Court of Nevada.

November 2, 2000.

Attorney(s) appearing for the Case

Frankie Sue Del Papa, Attorney General, Carson City, Richard A. Gammick, District Attorney, Gary H. Hatlestad, Deputy District Attorney, Washoe County, for petitioner.

Michael R. Specchio, Public Defender, John Reese Petty, Chief Deputy Public Defender, Washoe County, for real party in interest Marshall.

Richard F. Cornell, M. Jerome Wright, Reno, for real party in interest Currington.

BEFORE THE COURT EN BANC.

OPINION

PER CURIAM.

This is an original petition by the State for a writ of mandamus or prohibition. The petition challenges district court orders denying motions to file late notices of intent to seek the death penalty. The State contends that it should be allowed to file the late notices for two reasons. First, it claims that the district court erred in following SCR 250(4)(c), which requires a notice of intent to seek death to be filed within thirty...

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