IN THE SUPREME COURT OF THE STATE OF NEVADA
JAQUAN GAMBOA, No. 84139
Petitioner,
vs.
THE EIGHTH JUDICIAL DISTRICT
COURT OF THE STATE OF NEVADA,
FILE
IN AND FOR THE COUNTY OF
CLARK; AND THE HONORABLE
ERIKA D. BALLOU, DISTRICT JUDGE,
Respondents,
and
THE STATE OF NEVADA,
Real Party in Interest.
ORDER DENYING PETITION
This petition for a writ of mandamus seeks an order directing
the district court to set reasonable bail. We conclude that extraordinary
relief is not warranted because petitioner has not met his substantial
burden of demonstrating a clear legal right to the relief requested. NRS
34.160; Walker v. Second Judicial Dist. Court, 136 Nev. 678, 680-81, 476
P.3d 1194, 1196-97 (2020) (recognizing the petitioner's substantial burden
to demonstrate a clear legal right to a particular course of action where the
court is entrusted with discretion on the issue); Poulos v. Eighth Judicial
Dist. Court, 98 Nev. 453, 455, 652 P.2d 1177, 1178 (1982) (recognizing that
it is within this court's discretion whether to issue a writ of mandamus);
Round Hill Gen. Improvement Dist. v. Newman, 97 Nev. 601, 603-04, 637
P.2d 534, 536 (1981) (recognizing that a writ of mandamus is available to
compel the performance of an action which the law requires as a duty
resulting from an office, trust, or station or to control an arbitrary or
capricious exercise of discretion). Here, the district court conducted a
hearing on petitioner's motion to set reasonable bail and entered written
SUPREME COURT
OF
NEvADA
(0) 1947A 446Plo
Z2-osS-0.3
findings addressing the relevant statutory factors. Valdez-Jimenez v.
Eighth Judicial Dist. Court, 136 Nev. 155, 164-66, 460 P.3d 976, 986-87
(2020). Accordingly, we
ORDER the petition DENIED.'
Ai4G4i1 , J. Sr.J.
Stiglich
cc: Hon. Erika D. Ballou, District Judge
The Law Firm of C. Benjamin Scroggins, Esq.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
'The Honorable Mark Gibbons, Senior Justice, participated in the
decision of this matter under a general order of assignment.
2
Gamboa (Jaquan) v. Dist. Ct. (State)
Combined Opinion