IN THE SUPREME COURT OF THE STATE OF NEVADA

RAYMOND SHERARD, No. 76398 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF FILED CLARK; AND THE HONORABLE SEP 1 4 2018 MICHELLE LEAVITT, DISTRICT ELIZABETH A. BROWN CLERK OJ SUPREME COURT JUDGE, BY Respondents, DEPUTY CLERK

and THE STATE OF NEVADA, Real Party in Interest. ORDER DENYING PETITION This petition for a writ of mandamus seeks an order delineating the constitutionally proper protocol for determining pretrial bail/detention and an order directing the lower court to apply the protocol as needed in the instant matter. We deny the petition as moot because petitioner is no longer in custody and fails to demonstrate that this issue is capable of repetition yet evading review. See Binegar v. Eighth Judicial Dist. Court, 112 Nev. 544, 548-49, 915 P.2d 889, 892 (1996); see also Smith v. District Court, 107 Nev. 674, 677, 818 P.2d 849, 851 (1991). Accordingly, we ORDER the petition DENIED.

CkszAL Cherry

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SUPREME COURT OF NEVADA

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in cc: Hon. Michelle Leavitt, District Judge Clark County Public Defender Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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