HIDALGO v. DIST. CT.

No. 48233.

184 P.3d 369 (2008)

Luis HIDALGO, III, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF CLARK, and the Honorable Donald M. Mosley, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

May 29, 2008.


Attorney(s) appearing for the Case

Gordon & Silver, Ltd., and Dominic P. Gentile and Paola M. Armeni, Las Vegas, for Petitioner.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, Steven S. Owens, Chief Deputy District Attorney, Giancarlo Pesci, Marc P. DiGiacomo, and Nancy A. Becker, Deputy District Attorneys, Clark County, for Real Party in Interest.

Michael Pescetta, Assistant Federal Public Defender, Las Vegas; Philip J. Kohn, Public Defender, and Howard Brooks, Deputy Public Defender, Clark County; David M. Schieck, Special Public Defender, Clark County, for Amici Curiae Federal Public Defender for District of Nevada, Nevada Attorneys for Criminal Justice, Clark County Public Defender, and Clark County Special Public Defender.

BEFORE THE COURT EN BANC.


OPINION ON REHEARING

PER CURIAM:

On December 27, 2007, this court issued an opinion in this case granting a petition for a writ of mandamus.1 Subsequently, the real party in interest filed a rehearing petition. On February 21, 2008, this court withdrew the prior opinion pending resolution of the petition for rehearing. After reviewing the rehearing petition and answer, as well...

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