Opinion
No. 57402.
01-03-2011
Bruce WOLOSKY, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the County of Clark; and the Honorable Doug Smith, District Judge, Respondents, and The State of Nevada, Real Party in Interest.
The Almase Law Group LLC Attorney General/Carson City Clark County District Attorney
The Almase Law Group LLC
Attorney General/Carson City
Clark County District Attorney
ORDER DENYING PETITION
This original petition for a writ of mandamus challenges the district court's denial of petitioner Bruce Wolosky's motion to be released on his own recognizance. We previously granted a stay and directed the State to file an answer. Wolosky v. Dist. Ct., Docket No. 57402 (Order Directing Answer, December 27, 2010). On January 3, 2011, the State filed an Emergency Motion to Reconsider Order Granting Stay and Directing Answer. Because the State's motion addresses the substantive issues raised by petitioner, we elect to treat the State's motion as an answer.
Having considered the documentation presented to this court, we conclude that our intervention by way of extraordinary writ is not warranted. Wolosky claims that he is entitled to release because he has been held on a fugitive warrant in excess of 90 days. However, because Wolosky was re-arrested under warrant of the Governor within 90 days of initial arrest, there was no basis upon which to release him from custody. See NRS 179.207 –.211; Schumm v. Nelson, 659 P.2d 1389, 1390–91 (Colo.1983).
Therefore, we
We lift the stay imposed by this court on December 27, 2010.