Opinion
No. 71102
10-13-2016
JOHN ONDRAY COWARD, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE CAROLYN ELLSWORTH, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This is a petition for a writ of prohibition challenging the bail amount set by the district court. Petitioner John Coward argues that the district court exceeded its jurisdiction in imposing bail in the amount of $500,000 for invasion of the home, burglary, battery resulting in substantial bodily harm constituting domestic violence, first-degree kidnapping, and assault with a deadly weapon. Coward seeks an order imposing standard bail in the amount of $52,500 ($45,000 for the above-listed charges and $7,500 for an Arizona fugitive warrant) or an order releasing Coward on his own recognizance.
Based upon our review of the documents submitted in this matter, we decline to exercise our original jurisdiction. See NRS 34.320; NRS 34.330. Coward has not provided any argument that the district court failed to consider the factors set forth in NRS 178.498 and 178.4853. Further, Coward has not provided this court with a complete record for review as the appendix is missing transcripts of the hearings in which bail was addressed at the justice court and the district court. See NRAP 21(a)(4). Accordingly, we
We note that in addition to seeking a writ of prohibition, Coward indicated in the title of his original petition that he was seeking a writ of mandamus. However, Coward failed to set forth any relevant law or authority relating to a writ of mandamus. Therefore, Coward fails to demonstrate that mandamus relief is warranted. See NRS 34.160.
ORDER the petition DENIED.
/s/_________, J.
Cherry
/s/_________, J.
Douglas
/s/_________, J.
Gibbons cc: Hon. Carolyn Ellsworth, District Judge
Law Office of Nadine Morton
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk