Wednesday, December 18, 2019 - Carson City - J. Pickering, J. Parraguirre, and J. Cadish

Goetz vs. Nev. Div. of Parole and Prob.
Docket Number: 76181
Carson City - 2:00 P.M. - Northern Nevada Panel

This is an appeal from a district court order denying a petition for a writ of mandamus seeking to compel the Nevada Division of Parole and Probation (Division) to release its records pertaining to Wesley Goetz’s terms of parole and lifetime supervision. The district court concluded that NRS 213.1075 makes all of the Division’s records privileged, and therefore it was within the district court’s discretion to determine whether it was proper to set aside the privilege, and Goetz failed to demonstrate a sufficient reason to set aside the privilege.

ISSUES:

On appeal, we consider whether:(1) the district court erred as a matter of law in concluding that the Nevada Public Records Act does not apply to Goetz’s Division file under NRS 213.1075; (2) NRS 179A.100(4)(a) applies over NRS 213.1075; and (3) “parole and probation” as used in NRS 179A.070 includes lifetime supervision.

Disclaimer:

This synopsis is intended to provide only general information about this case before the Nevada Supreme Court. It is not intended to be all-inclusive or reflect all positions of the parties. To access the documents that have been filed in this matter, type the docket number into the court’s case search page: http://caseinfo.nvsupremecourt.us/public/caseSearch.do