Opinion
No. 74617
05-16-2018
ROBERT ANTHONY SMITH, 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.
ORDER DENYING PETITION
In this original petition for a writ of mandamus, Robert Anthony Smith seeks an order directing the district court to rule on a postconviction petition for a writ of mandamus that was filed on August 25, 1998, and his supplement to the petition. Smith asserts the only order from the district court he has does not specifically resolve the original petition and supplemental petition he filed in pro se.
We conclude our intervention by way of extraordinary writ is not warranted. See NRS 34.160. We note that when affirming the denial of Smith's postconviction petition, the Nevada Supreme Court specifically rejected Smith's claim that the district court erred by failing to consider the grounds for relief raised in prior petitions that were submitted to the district court during the nine years his postconviction petition was pending. Smith v. State, Docket No. 55078 (Order of Affirmance, December 10, 2010). Accordingly, we
In light of this order, no action will be taken on the motion to enter exhibit as offer of proof filed on April 24, 2018. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michelle Leavitt, District Judge
Robert Anthony Smith
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk