IN THE SUPREME COURT OF THE STATE OF NEVADA
KEVIN L. CAMP, No. 70207
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA, FILED
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE JUN 1 7 2016
MICHELLE LEAVITT, DISTRICT
JUDGE,
Respondents,
and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION
This original petition for a writ of mandamus' asks this court
to order the district court to set bail in an amount not to exceed $300,000.
"A writ of mandamus is an extraordinary remedy, and
therefore, the decision to entertain the petition lies within our discretion.
Such a writ is available only to compel the performance of an act which
the law especially enjoins as a duty resulting from an office, trust or
station." Winkle v. Foster, 127 Nev. 488, 490-91, 269 P.3d 898, 899 (2011)
(internal citation and quotation marks omitted). "[It] will not lie to control
discretionary action, unless discretion is manifestly abused or is exercised
arbitrarily or capriciously." Round Hill Gen. Improvement Dist. v.
Newman, 97 Nev. 601, 603-04, 637 P.2d 534, 536 (1981) (internal citation
'Petitioner also seeks a writ of prohibition. Because petitioner does
not contend that the district court exceeded its jurisdiction, a writ of
prohibition is not appropriate. See NRS 34.320.
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omitted); see also State v. Eighth Judicial Dist. Court (Armstrong), 127
Nev. 927, 931-32, 267 P.3d 777, 780 (2011) (defining manifest abuse and
arbitrary or capricious exercise of discretion in context of mandamus).
The petitioner carries 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. See Nev. Const. art. 1, § 7
(stating that bail may be restricted for defendants charged with murder)
see also NRS 178.498 (listing factors for consideration when setting bail);
NRS 178.4853 (listing factors for consideration when setting bail).
Accordingly, we
ORDER the petition DENIED.
cc: Hon. Michelle Leavitt, District Judge
Hofland & Tomsheck
Kuzemka Law Group
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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