ANDREA MARIE LOVING v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION FOR WRIT OF MANDAMUS

This original petition for a writ of mandamus challenges a justice court's decision setting bail and a district court order denying writ relief from the bail decision.

Pretrial release decisions are addressed to the sound discretion of the trial court. Valdez-Jimenez v. Eighth Jud. Dist. Ct., 136 Nev. 155, 161, 460 P.3d 976, 984 (2020). A writ of mandamus is available to remedy such a decision only upon a manifest abuse of discretion. Halverson v. Miller, 124 Nev. 484, 487, 186 P.3d 893, 896 (2008). Further, whether a petition for writ relief will be entertained rests within this court's discretion, D.R. Horton, Inc. v. Eighth Jud. Dist. Ct., 123 Nev. 468, 474-75, 168 P.3d 731, 736-37 (2007), and it is petitioner's burden to demonstrate that this court's extraordinary intervention is warranted, Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004).

Having reviewed the petition and the supporting documents included in the appendix, we conclude that petitioner has not met her burden to demonstrate that extraordinary writ relief is warranted to control a manifest abuse of discretion. Accordingly, we

ORDER the petition DENIED.¹

Parraguirre, J.

Bell, J.

Stiglich, J.

FOOTNOTES

1.   In light of this order, petitioner's motion for leave to transmit video evidence of the justice court hearing, for which an unofficial transcript was provided in the appendix, is denied as moot.