Las Vegas Metro. Police Dep't v. Dist. Ct. (Oh)

IN THE SUPREME COURT OF THE STATE OF NEVADA

LAS VEGAS METROPOLITAN POLICE No. 73130 DEPARTMENT,

Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

FILE IN AND FOR THE COUNTY OF SEP 0 7 2017 CLARK; AND THE HONORABLE

ELIZABETH A. BROWN JAMES CROCKETT, DISTRICT CLE.RICQ,F,SpPR8VE COURT BY JUDGE, DEPUTY C Respondents, and

JE SEON OH,

Real Party in Interest.

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition challenges a district court order directing the return of property seized in a civil forfeiture action. Having considered all documents on file herein, we conclude that the issues raised in the petition—namely, whether the district court properly ordered the return of the seized property when the criminal charges against real party in interest had been dismissed—have been rendered moot by the intervening reindictment of real party in interest.' Accordingly, we decline to intervene in this matter and therefore deny the petition, without prejudice to petitioner's ability to properly challenge any

'While petitioner informs this court of the reindictment in its reply brief and attempts to raise additional issues related to it, we decline to consider these newly raised arguments in the context of this proceeding. See Edelstein v. Bank of N.Y. Mellon, 128 Nev. 505, 523 n.13, 286 P.3d 249, n.13 (2012).

SUPREME COURT

OF

NEVADA

(0) 1947A

17-3003) ripe issue in an appropriate manner. See Smith v. Eighth Judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991) (stating that a petition for extraordinary writ relief is purely discretionary with this court).

It is so ORDERED. 2

Poe. J.

Pickering ix

Hardesty

J.

Stiglich cc: The Honorable Jim Crockett, District Judge

Liesl K. Freedman

Matthew J. Christian

Law Office of Andrew M. Leavitt, Esq.

Eighth District Court Clerk

2 Petitioner's motion for stay is denied as moot.