Turpin (Clayton) v. Dist. Ct. (State)

Nevada Supreme Court

Turpin (Clayton) v. Dist. Ct. (State)

DecidedSeptember 18, 2014

Docket66315

StatusUnpublished

This text of Turpin (Clayton) v. Dist. Ct. (State) (Turpin (Clayton) v. Dist. Ct. (State)) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Turpin (Clayton) v. Dist. Ct. (State), (Neb. 2014).

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Opinion

Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (citation omitted); see also State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. , 267 P.3d 777, 780 (2011) (defining manifest abuse and arbitrary or capricious exercise of discretion in context of mandamus). It will not issue if the petitioner has a plain, speedy, and adequate remedy in the ordinary course of the law. NRS 34.170. "Petitioner[ I cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and its accompanying documents, we are not satisfied that our intervention by way of extraordinary writ is warranted. The district court's imposition of reasonable conditions on bail is a discretionary act, and petitioner has not demonstrated that the district court manifestly abused its discretion by refusing to modify the condition placed on his bail. See NRS 178.484(11) (the court may impose reasonable conditions before releasing a person on bail but must consider the factors listed in NRS 178.4853 when determining whether a condition is reasonable). Accordingly, we ORDER the petition DENIED.

Hardesty

J. Dou as Cherry

SUPREME COURT OF NEVADA 2 VD/ 1947A cc: Hon. Jessie Elizabeth Walsh, District Judge Anthony L. Abbatangelo Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A cer,

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Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (citation omitted); see also State v. Eighth Judicial Dist. Court (Armstrong), 127 Nev. , 267 P.3d 777, 780 (2011) (defining manifest abuse and arbitrary or capricious exercise of discretion in context of mandamus). It will not issue if the petitioner has a plain, speedy, and adequate remedy in the ordinary course of the law. NRS 34.170. "Petitioner[ I cardies] the burden of demonstrating that extraordinary relief is warranted." Pan v. Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). Having considered the petition and its accompanying documents, we are not satisfied that our intervention by way of extraordinary writ is warranted. The district court's imposition of reasonable conditions on bail is a discretionary act, and petitioner has not demonstrated that the district court manifestly abused its discretion by refusing to modify the condition placed on his bail. See NRS 178.484(11) (the court may impose reasonable conditions before releasing a person on bail but must consider the factors listed in NRS 178.4853 when determining whether a condition is reasonable). Accordingly, we ORDER the petition DENIED.

Hardesty

J. Dou as Cherry

SUPREME COURT OF NEVADA 2 VD/ 1947A cc: Hon. Jessie Elizabeth Walsh, District Judge Anthony L. Abbatangelo Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A cer,

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Bluebook (online)

Turpin (Clayton) v. Dist. Ct. (State), Counsel Stack Legal Research, https://law.counselstack.com/opinion/turpin-clayton-v-dist-ct-state-nev-2014.

Opinion

J. Dou as Cherry

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