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SAVAGE v. THIRD JUDICIAL DIST. CT.

Nos. 50445, 51333.

200 P.3d 77 (2009)

Lonnie SAVAGE, Petitioner, v. The THIRD JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF LYON; The Honorable Robert E. Estes, District Judge; and the Honorable Leon Aberasturi, District Judge, Respondents, and The State of Nevada, Real Party in Interest. Marco Antonio Hernandez, Petitioner, v. The Fourth Judicial District Court of the State of Nevada, in and for the County of Elko, and the Honorable Andrew J. Puccinelli, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

January 29, 2009.

Attorney(s) appearing for the Case

Pederson and Kalter, P.C., and Wayne A. Pederson, Yerington, for Petitioner Lonnie Savage.

Frederick B. Lee, Jr., Public Defender, and Alina M. Kilpatrick, Deputy Public Defender, Elko County, for Petitioner Marco Antonio Hernandez.

Catherine Cortez Masto, Attorney General, and Robert E. Wieland, Senior Deputy Attorney General, and Heather D. Procter, Deputy Attorney General, Carson City, for Real Party in Interest in Docket No. 50445.

Gary D. Woodbury, District Attorney, Mark D. Torvinen, Chief Deputy District Attorney, and Robert J. Lowe, Deputy District Attorney, Elko County, for Real Party in Interest in Docket No. 51333.

BEFORE THE COURT EN BANC.

OPINION

By the Court, CHERRY, J.:

In these original proceedings, we primarily consider whether district courts in Elko County and Lyon County manifestly abused their discretion when they refused to consider petitioners' applications for treatment pursuant to NRS 484.37941.2 In doing so, we also consider the following: (1) whether the statute requires counties to create a treatment program, (2) whether the district court...

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