IN THE SUPREME COURT OF THE STATE OF NEVADA
DEMANS BOWLES, No. 70120
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
FILED
IN AND FOR THE COUNTY OF JUN 1 0 2016
CLARK; AND THE HONORABLE
DOUGLAS SMITH, DISTRICT JUDGE,
Respondents,
and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of mandamus. Petitioner seeks an
order directing the district court to reverse its decision to deny a motion to
strike the State's notice of intent to seek habitual criminal adjudication
and an order directing the recusal of the district court judge. Based upon
our review of the documents submitted in this matter, we conclude that
our intervention by extraordinary writ is not warranted. See NRS 34.160;
NRS 34.170; see also Int'l Game Tech., Inc. v. Second Judicial Dist. Court,
124 Nev. 193, 197, 179 P.3d 556, 558 (2008) (recognizing that "[a] writ of
mandamus is available to compel the performance of an act that the law
requires as a duty resulting from an office, trust, or station or to control an
arbitrary or capricious exercise of discretion") (internal footnote omitted);
Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851
(1991) (recognizing that the issuance of a writ of mandamus is
discretionary). The district court did not arbitrarily and capriciously
exercise its discretion in continuing sentencing based on its calendar or in
denying the motion to strike the notice of habitual criminal adjudication in
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the circumstances presented in this case. Further, the district court did
not act arbitrarily and capriciously in denying the motion to recuse.
Accordingly, we
ORDER the petition DENIED.
Ix
Hardesty
, J.
J.
J.
Pickering
cc: Hon. Douglas Smith, District Judge
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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OF
NEVADA
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