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PATTERSON v. LAS VEGAS MUN. COURT

No. 86108.

535 P.3d 657 (2023)

139 Nev. Adv. Opn. 35

Kelly Wayne PATTERSON, Petitioner, v. LAS VEGAS MUNICIPAL COURT; and The Honorable Cedric A. Kerns, Respondents, and City of Las Vegas, Real Party in Interest.

Supreme Court of Nevada.

Filed September 21, 2023.

Attorney(s) appearing for the Case

Stephen P. Stubbs , Henderson, for Petitioner.

Bryan K. Scott , City Attorney, and Bobby Anderlik , Deputy City Attorney, Las Vegas, for Real Party in Interest City of Las Vegas.

American Civil Liberties Union (ACLU) of Nevada and Christopher M. Peterson , Las Vegas, for Amicus Curiae ACLU of Nevada.

Randolph M. Fiedler , Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

BEFORE THE SUPREME COURT, STIGLICH, C.J., and LEE and BELL, JJ.

OPINION

NRS 41.0393 permits the award of attorney fees and litigation expenses to a criminal defendant, as the prevailing party, in limited circumstances. Petitioner Kelly Patterson faced criminal charges in Las Vegas Municipal Court. After the charges were dismissed and withdrawn, Patterson sought...

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