Electronically Filed

11/21/2017 10:45 AM
Steven D. Grierson
CLERK OF THE COURT

1 MOT
STEVEN B. WOLFSON
2 Clark County District Attorney
Nevada Bar #001565
3 JONATHAN E. VANBOSKERCK
Deputy District Attorney
4 Nevada Bar #006528
200 Lewis Avenue, 3rd Floor
5 Las Vegas, Nevada 89155-2212
(702) 671-2700
6 Attorney for Plaintiff
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DISTRICT COURT
8 CLARK COUNTY, NEVADA
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10 SCOTT RAYMOND DOZIER, )
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11 Petitioner, ) CASE NO: 05C215039
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12 -vs- ) DEPT NO: IX
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13 STATE OF NEVADA, )
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14 )
Respondent. )
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16 MOTION FOR LEAVE TO PURSUE RECONSIDERATION
17 DATE OF HEARING:
TIME OF HEARING:
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19 COMES NOW, the State of Nevada, by STEVEN B. WOLFSON, District Attorney,
20 through JONATHAN E. VANBOSKERCK, Chief Deputy District Attorney, and hereby
21 submits the instant Motion for Leave to Pursue.
22 This Motion is made and based upon all the papers and pleadings on file herein, the
23 attached points and authorities in support hereof, and oral argument at the time of hearing, if
24 deemed necessary by this Honorable Court.
25 NOTICE OF MOTION
26 TO: SCOTT DOZIER, Defendant / Petitioner, and
27 TO: TOM ERICSSON, DAVID ANTHONY, and LORI TEICHER, Attorney of Record
28 for Petitioner; and

H:\P DRIVE Docs\Dozier, Scott Raymond, 05C215039, Mtn.4Lv.2Prsu.Recon..doc

Case Number: 05C215039

1 TO: ANN MCDERMOTT and JORDAN SMITH, Attorney of Record for the Nevada
2 Department of Corrections
3 YOU, AND EACH OF YOU, WILL PLEASE TAKE NOTICE that the undersigned
4 counsel will bring the above and foregoing states MOTION FOR LEAVE TO PURSUE
5 RECONSIDERATION on for hearing in Dept. IX of the above-captioned court on the
6 day of Dec. 5 , 2017, at the hour of9:00 am, or as soon thereafter as counsel may be
7 heard.
8 DATED this 21st day of November, 2017.
9 STEVEN B. WOLFSON
10 DISTRICT ATTORNEY

11 By:_/s/ Jonathan E._VanBoskerck____

12 JONATHAN E. VANBOSKERCK
Chief Deputy District Attorney
13 Nevada Bar #006528

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15 ARGUMENT
16 The State should be permitted to seek reconsideration of this Courts decision to alter
17 the Nevada Department of Corrections (NDOC) execution protocol and stay of Scott
18 Doziers (Petitioner) execution. Petitioner has rendered a stay of execution and the Federal
19 Public Defenders challenge to Nevadas lethal injection protocol moot by requesting that
20 this Court allow NDOC to utilize the existing execution protocol.
21 On November 13, 2017, Petitioner wrote to this Court to ask if there is any
22 possibility of you vacating or rescinding your order for the removal of the cis-atracurium
23 (sp?) and allowing the execution to proceed with the current protocol. (Letter, dated
24 November 13, 2017, attached as Exhibit A to Second Notice of Supplement to the Record to
25 Include Correspondence from the Defendant/Petitioner, filed November 15, 2017). This is a
26 fundamental change that requires reconsideration.
27 The rules of this Court are clear that a litigant must request permission prior to filing a
28 motion for reconsideration. District Court Rule (DCR) 17(3); Eighth Judicial District Court

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H:\P DRIVE Docs\Dozier, Scott Raymond, 05C215039, Mtn.4Lv.2Prsu.Recon..doc
 1 Rules (EDCR) 7.12.
2 In determining whether to grant a stay, this Court considers (1) whether the object of
3 the appeal will be defeated if the stay is denied, (2) whether the appellant will suffer
4 irreparable or serious injury if the stay is denied, (3) whether the respondent will suffer
5 irreparable or serious injury if the stay is granted, and (4) whether the appellant is likely to
6 prevail on the merits in the appeal. State v. Nobles-Nieves, 129 Nev. __, __, 306 P.3d 399,
7 402-03 (2013) (citing, NRAP Rule 8(c)).
8 Further, a claim is moot when there is no actual controversy between the parties.
9 NCAA v. University of Nevada, Reno, 97 Nev. 56, 57, 624 P.2d 10, 10 (1981) (Of course,
10 the duty of every judicial tribunal is to decide actual controversies by a judgment which can
11 be carried into effect, and not to give opinions upon moot questions or abstract propositions,
12 or to declare principles of law which cannot affect the matter in issue before it.).
13 The State should be permitted to pursue reconsideration because Petitioners decision
14 to ask this Court to allow him to be executed under the existing execution protocol renders
15 the Federal Public Defenders challenge to that protocol moot. There is no controversy
16 because NDOC has expressed a willingness to execute Petitioner under the existing protocol
17 and Petitioner has expressed a desire to be executed under that protocol. If Petitioner no
18 longer desires a modification of the protocol there is no reason for the Federal Public
19 Defender to insist that this Court impose one on NDOC and Petitioner. Ultimately, this
20 Court should issue a new warrant so that the execution can go forward with the existing
21 protocol.
22
CONCLUSION
23
For the foregoing reasons, the State respectfully requests this Honorable Court allow
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the State to pursue reconsideration of the modification of NDOCs execution protocol and
25
stay of execution.
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///
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H:\P DRIVE Docs\Dozier, Scott Raymond, 05C215039, Mtn.4Lv.2Prsu.Recon..doc
 1 DATED this 21st day of November, 2017.
2 Respectfully submitted,
3 STEVEN B. WOLFSON
Clark County District Attorney
4 Nevada Bar #001565
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7 BY /s/ Jonathan E. VanBoskerck
JONATHAN E. VANBOSKERCK
8 Chief Deputy District Attorney
Nevada Bar #006528
9 Office of the District Attorney
Regional Justice Center
10 200 Lewis Avenue
Post Office Box 552212
11 Las Vegas, Nevada 89155
(702) 671-2750
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H:\P DRIVE Docs\Dozier, Scott Raymond, 05C215039, Mtn.4Lv.2Prsu.Recon..doc
 1 CERTIFICATE OF ELECTRONIC FILING
2 I hereby certify that service of Motion for Leave to Pursue Reconsideration, was
3 made this 21st day of November, 2017, by Electronic Filing to:
4
ANN M. MCDERMOTT
5 Email: AMcdermott@ag.nv.gov
Deputy Attorney General
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THOMAS A. ERICSSON, ESQ.
7 Email: tom@oronozlawyers.com
Counsel for Appellant
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LORI TEICHER
9 DAVID ANTHONY
Email: ecf_nvchu@fd.org
10 Federal Public Defenders Office
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/s/ E.Davis
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Employee for the District Attorney's Office
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JEV//ed
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