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VALDEZ-JIMENEZ v. EIGHTH JUD. DIST. COURT

Nos. 76417, 76845.

460 P.3d 976 (2020)

Jose VALDEZ-JIMENEZ, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Mark B. Bailus, District Judge, Respondents, and The State of Nevada, Real Party in Interest. Aaron Willard Frye, Petitioner, v. The Eighth Judicial District Court of the State of Nevada, in and for the County of Clark; and the Honorable Jerry A. Wiese, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

FILED April 9, 2020.

Attorney(s) appearing for the Case

Darin F. Imlay , Public Defender, and Nancy M. Lemcke and Christy L. Craig , Deputy Public Defenders, Clark County; Civil Rights Corps and Charles Lewis Gerstein , Alec George Karakatsanis , and Olevia Boykin , Washington, D.C., for Petitioners.

Aaron D. Ford , Attorney General, Carson City; Steven B. Wolfson , District Attorney, and Alexander G. Chen and Krista D. Barrie , Chief Deputy District Attorneys, Clark County, for Real Parties in Interest.

Armstrong Teasdale LLP and Tracy A. DiFillippo , Las Vegas, for Amicus Curiae American Bail Coalition.

Law Office of Franny Forsman and Franny Forsman , Las Vegas, for Amicus Curiae National Law Professors of Criminal, Procedural, and Constitutional Law.

Law Office of Lisa Rasmussen and Lisa Rasmussen , Las Vegas, for Amicus Curiae Social Scientists.

BEFORE THE COURT EN BANC.

OPINION

We are asked to consider what process is constitutionally required when a district court sets bail in an amount that the defendant cannot afford, resulting in pretrial detention. Though the bail issue is moot because petitioners have been convicted and are no longer subject to pretrial detention...

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