Johnston (Derek) Vs. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: October 11, 2021
• Docket: 83589
• Status: Published

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

DEREK JOHNSTON, No. 83589 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE MARY KAY HOLTHUS, DISTRICT OCT i1 2021 JUDGE, c CI IZABE A ..V SP C.71iN E t ;pt. REME:: COURT Respondents, e.. DEPUTY CLERK and THE STATE OF NEVADA, Real Party in Interest.

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This emergency, original petition for a writ of mandamus challenges the district court's decision to hold petitioner without bail pending an evidentiary hearing on alleged violations of his conditions of supervised pretrial release. On October 8; 2021, we directed an expedited answer to the petition, w hich real party in interest timely filed. Having reviewed the petition, answer, and supporting documents, we conclude that petitioner has not demonstrated that extraordinary writ relief is appropriate at this time. NRS 34.160; Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (recognizing that petitioner bears the burden to demonstrate that writ relief

1To the extent that real party in interest asks that any body cam footage and JAVS recordings provided to this court be stricken, we deny the request as moot, as none were provided by petitioner or viewed by this court.

2.1 is warranted); Smith v. Eighth judicial Dist. Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). In particular, the evidentiary hearing before which petitioner seeks release is scheduled to take place today, and thus, under these circumstances, we decline to intervene. Accordingly, we ORDER the petition DENIED.

(7) , J Parraguirre

AIA.sy:bu,V J. Stiglich

J. Silver

cc: Hon. Mary Kay Holthus, District Judge Legal Resource Group Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk