Gurry (Carlos) Vs. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

CARLOS ALFREDO GURRY, No. 81827 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA, FILE IN AND FOR THE COUNTY OF CLARK,

Respondent, and

THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION This is a pro se petition for a writ of mandamus or prohibition seeking an order directing the district court to consider petitioner's motion for bail pending appeal in State v. Gurry, Docket Nos. 79961 and 79962. We decline to intervene in this matter at this time. Petitioner is represented by counsel in the criminal proceedings and should proceed by and through his counsel. Further, in light of our disposition of the appeals in Docket Nos. 79961 and 79962, the motion for bail pending appeal is moot. Thus, petitioner may pursue bail or other release in the normal course. See NRS 178.484; NRS 178.4853; NRS 178.498; see also Valdez-Jimenez v. Eighth Judicial Dist. Court, 136 Nev., Adv. Op. 20, 460 P.3d 976, 984 (2020) (substantive due process mandates that bail be imposed only where

SUPREME COURT

Of

NEVADA

(0) I 947A ASYD necessary to ensure the defendant's appearance or to protect the community). Accordingly, we

ORDER the petition DENIED.

Parraguirre

/I AG-4 J Hardesty cc: Hon. Michael Villani, Dist. Judge

Carlos Alfredo Gurry

Christopher R. Oram, Esq.

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA 2 (0) I 947A