State v. Second Judicial Dist. Court

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Ayden A., a sixteen-year-old minor, was admitted to West Hills Hospital because he was deemed to be emotional disturbed and a danger to himself. One week later, the State filed a petition for involuntary placement in a locked facility after emergency admission, arguing that its petition was timely because five days as prescribed in Nev. Rev. Stat. 432B.6075(2) means judicial days. The district court ruled in favor of Ayden, concluding that “five days” in the statute means calendar days. The State subsequently filed this original petition for a writ of mandamus. The Supreme Court granted the State’s petition and directed the district court to vacate its order denying the State’s petition to extend the placement, holding (1) although Ayden was released from involuntary placement and this matter is moot, this particular issue is presents an issue that is capable of repetition yet evading review and thus fits within an exception to the mootness doctrine; and (2) the five days in section 432B.6075 must be judicial days based on Nev. R. Civ. P. 6(a)’s instructions on computing time. View "State v. Second Judicial Dist. Court" on Justia Law