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GONZALEZ v. DIST. CT.

No. 62361.

298 P.3d 448 (2013)

Leopoldo GONZALEZ, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF The STATE of Nevada, In and for the COUNTY OF CLARK; and the Honorable Michelle Leavitt, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

April 4, 2013.

Attorney(s) appearing for the Case

Legal Defense Group and Michael V. Castillo and Michael L. Becker , Las Vegas, for Petitioner.

Catherine Cortez Masto , Attorney General, Carson City; Steven Wolfson , District Attorney, and Jonathan E. VanBoskerck , Chief Deputy District Attorney, Clark County, for Real Party in Interest.

BEFORE HARDESTY, PARRAGUIRRE and CHERRY, JJ.

OPINION

PER CURIAM:

At issue in this petition for extraordinary writ relief is the proper analysis of a Double Jeopardy Clause claim when it is based upon the doctrine of collateral estoppel. We conclude that Ashe v. Swenson, 397 U.S. 436, 444, 90 S.Ct. 1189, 25 L.Ed.2d 469 (1970), sets forth the proper analysis for determining whether an issue of ultimate fact has been decided and cannot be relitigated in a...

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