SHELDON RAY JOHNSON v. THE STATE OF NEVADA (2025)

ORDER DENYING PETITION

This original petition for a writ of mandamus or prohibition challenges a district court decision denying petitioner Sheldon Ray Johnson's motion to set reasonable bail and/or grant pretrial release.

Having considered Johnson's petition, we conclude that our extraordinary and discretionary intervention is not warranted. See NRS 34.160; NRS 34.320: Pan v. Eighth Jud. Dist. Ct., 120 Nev. 222, 228, 88 P.3d 840, 844 (2004) (observing that the party seeking writ relief bears the burden of showing such relief is warranted); Smith v. Eighth Jud. Dist. Ct., 107 Nev. 674, 677, 679, 818 P.2d 849, 851, 853 (1991) (recognizing that writ relief is an extraordinary remedy and that this court has sole discretion in determining whether to entertain a writ petition); Goicoechea v. Fourth Jud. Dist. Ct., 96 Nev. 287, 289, 607 P.2d 1140, 1141 (1980) (providing that a writ of prohibition “will not issue if the court sought to be restrained had jurisdiction to hear and determine the matter under consideration”).

In particular, a defendant charged with first-degree murder may be denied bail if the proof of guilt is evident or the presumption of guilt is great. Nev. Const. art. 1, § 7; NRS 178.484(4). The district court has broad discretion in determining the amount of proof the State must produce to deny bail. See Serrano v. State, 83 Nev. 324, 328, 429 P.2d 831, 833 (1967). The district court took note of Johnson's inculpatory statements, cell phone evidence indicating that Johnson's phone traveled from Johnson's California residence to the area in Las Vegas where the victim was killed around the time of the killing, and accomplice grand jury testimony corroborated by the inculpatory statements and cell phone evidence. On this basis, we conclude that Johnson has failed to show the district court abused its broad discretion in finding the presumption great and denying bail. Cf. Sewall v. Eighth Jud. Dist. Ct., 137 Nev. 90, 92, 481 P.3d 1249, 1252 (2021) (observing that a district court abuses its discretion when it denies bail based on evidence with a conjectural connection to the alleged offense). Accordingly, we

ORDER the petition DENIED.

Herndon, C.J.

Bell, J.

Stiglich, J.