Opinion
No. 83589
10-11-2021
Derek JOHNSTON, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK: and The Honorable Mary Kay Holthus, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
Legal Resource Group Attorney General/Carson City Clark County District Attorney
Legal Resource Group
Attorney General/Carson City
Clark County District Attorney
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, which 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 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
To 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.
ORDER the petition DENIED.