NEVADA Mot For Emergency HR'G and or Shortening Time

1 'CHRISTOPHER J.
HICKS ZOZZ OEC IG PH ~: t 0

#7747
2 One South Sierra Street
Reno, Nevada 89501
3 (775) 328-3200 -:" J. HIG~.L~d Ty
L· T_.... ---- ----- I [; I
districtattorney@da. washoecounty.gov
4 Attorney for Petitioner
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6· IN THE FIRST JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA,
7 IN AND FOR CARSON CI1Y
8 ***
9- THE STATE OF NEVADA,
10
Petitioner, Case No.;z;l §_La) Q()04'f J/!J
11
v. Dept. No~
12
NEVADA BOARD OF PARDONS,
13 STEVE SISOLAK, GOVERNOR,
14 Respondent.
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MOTION FOR EMERGENCY HEARING AND ORDER SHORTENING TIME
Comes now, the Washoe County District Attorney's Office (WCDA) by and
through District Attorney CHRISTOPHER HICKS and JENNIFER NOBLE and files this
20 motion for an emergency on its petition for an alternative writ of mandamus or
21 prohibition to stop the Nevada Board of Pardons' (Board) consideration on December
22- 20, 2022, of an item to possibly commute the death sentences of every inmate in
23 Nevada. This motion is based on the following memorandum of points and authorities,
24 First Judicial District Court Rule 9 and District Court Rule 17, the WCDA's Emergency
25 Petition for Writ of Mandate or Prohibition, all documents on file herein, and any
26 proceedings held in connection with this case.
1
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 -- I. Background
3 The Board has a scheduled meeting on December 20, 2022. At that meeting, the
4 Board's recently amended agenda contemplates an item to possibly commute the death
5 sentences of every inmate on death row in Nevada. There are currently 57 inmates on
6 death row. Though the original agenda for the Board's December 20 meeting, which did
7 not include this commutation matter, was posted on November 17, 2022, at the end of
8 the day on Wednesday of this week (December 14, 2022), the agenda was amended to
9 include the item.
10 II. Argument
11 Today, the WCDA filed an emergency petition for mandate or prohibition seeking
12 to stop consideration of the commutation item at the Board's December 20 meeting.
13- The grounds for the petition are set forth in full in that document, which is incorporated
14 herein by reference. More specifically, and not by way of limitation, the grounds include
15 violations of NRS chapter 213 NAC chapter 213 Oack of applications for commutation
16 and lack of notice to victims), Marsy's Law in the Nevada Constitution (Article 1, Sec.
17 SA) Oack of notice to victims), and Willmes v. Reno Municipal Court, uS Nev. S31, 59
1S ?. .3d 1197 (2002) (impermissible effort to amend statutory law by imposing categorical
19 policy commutation rather than individualized consideration of particular cases).
20 Given the last-minute addition of this cryptically worded item, which does not
21 even name the inmates or provide any information about their particular cases, given
22 the magnitude of the violations it entails, and given the lack of time to oppose it in any
23 JJ10re meaningful and thorough way prior to the meeting, an order setting an emergency
24 hearing is requested for Monday, December 19, 2022, as well as an order shortening
25 time for the respondents to file any responsive pleadings or papers in this matter.
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. 1· III. Conclusion
2 In light of the foregoing, it is respectfully requested that this motion be granted.
3
4· AFFIRMATION PURSUANT TO NRS 239B.030
5 The undersigned does hereby affirm that the preceding document does not
6 contain the social security number of any person.

7. · DATED: December 16, 2022.
8
CHRISTOPHER J. HICKS
9 District Attorney
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1 VERIFICATION
2
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3· 1. I, Jennifer P. Noble, declare:
4 2. I am one of the attorneys for the Petitioner herein;
5 3· I verify that I have read the foregoing Petition for Writ of Mandamus
6 and/Prohibition that the same is true to my own knowledge, except for those
7 matters therein stated on information and belief, and as to those matters, I
8- believe them to be true.
9 4· I declare under penalty of perjury of the laws of Nevada, that the foregoing is true
10 and correct.
u · 5· That an order shortening time is critical to ensure that this matter is considered
12 prior to the Board hearing scheduled for December 20, 2022.
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1 CERTIFICATE OF SERVICE
2- Pursuant to NRCP 5(b), I served a true and correct copy of this Motion for Order
3 Shortening Time by personally serving it upon:
4 Attorney General, Aaron Ford

100 North Carson Street
5_ Carson City, Nevada 89701
6
Governor Steve Sisolak
7 101 North Carson Street
Carson City, Nevada 89701
8
Denise Davis or Designated Agent
9 Nevada Board of Pardons Commissioners
1677 Old Hot Springs Road, Ste. A
10
Carson City, Nevada, 89706
11
Elizabeth Brown
Clerk, Nevada Supreme Court
201 South Carson Street
13 Suite 201
Carson City, Nevada 89701
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NEVADA Mot For Emergency HR'G and or Shortening Time

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1 'CHRISTOPHER J.

HICKS ZOZZ OEC IG PH ~: t 0

7 IN AND FOR CARSON CI1Y

20 motion for an emergency on its petition for an alternative writ of mandamus or

21 prohibition to stop the Nevada Board of Pardons' (Board) consideration on December

26 proceedings held in connection with this case.

6 contain the social security number of any person.

4 2. I am one of the attorneys for the Petitioner herein;

7 matters therein stated on information and belief, and as to those matters, I

8- believe them to be true.

12 prior to the Board hearing scheduled for December 20, 2022.

3 Shortening Time by personally serving it upon:

4 Attorney General, Aaron Ford

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