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STATE v. DIST. CT.

No. 44108.

112 P.3d 1070 (2005)

The STATE of Nevada, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF CLARK, and the Honorable Michael Cherry, District Judge, Respondents, and David Robert Riker, Real Party in Interest.

Supreme Court of Nevada.

June 9, 2005.

Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, and Steven S. Owens, Chief Deputy District Attorney, Clark County, for Petitioner.

Franny A. Forsman, Federal Public Defender, and Michael L. Pescetta, Assistant Federal Public Defender, Las Vegas, for Real Party in Interest.

Before the Court en Banc.

OPINION

PER CURIAM.

This is an original petition by the State for a writ of prohibition or mandamus. The underlying proceeding in the district court involves an untimely and successive post-conviction habeas petition filed by David Robert Riker, the real party in interest here. The State contends that the claims raised in Riker's petition are procedurally barred and the district court abused its discretion or exceeded its jurisdiction in ordering...

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