Steven-Patrick: Mitchell

2321 Cartwright Road

Reno Nevada (89721)
Sui Juris
IN AND FOR THE SECOND JUDICIAL DISTRICT COURT
IN THE STATE OF NEVADA, COUNTY OF WASHOE
STATE OF NEVADA,
Plaintiff.

Case NO. CR16-0868

Dept. No. 1

V.

Steven-Patrick: Mitchell,
.
Defendant.
_____________________________/

MOTION TO QUASH BENCH WARRANT

COMES NOW, Steven-Patrick: Mitchell the defendant, and
respectfully requests that this Court quash the bench warrant
issued on July 13, 2016. The bench warrant stated that defendant could be
released from custody by posting bail in the amount of $100,000.
$100.000. cash only bail violates the Eighth Amendment Rights
The Eighth Amendment provides criminal defendants with the right to a reasonable bail and
the right to not be subjected to cruel and unusual punishment: The Right to a Reasonable
Bail: Criminal defendants may leave the holding cell if bail is given to ensure that the
defendants return for the trial. If the court does, the bail must not be excessive with regards
to the severity of the crime and the persons likelihood of fleeing.

The bench warrant should be quashed because, Mr. Mitchell could not
foresee the accident that occurred on the site that prevented him to leave
the job that day. Mr. Mitchell did in fact take the necessary steps that any
reasonable person would have done if they were in the same situation,
which was to get a message to the courts to make them aware of the
situation.
A co -workers wife relayed a message for Mr. Mitchell to Melissa, Mr.
Mitchells friend,

Melissa made numerous calls and emails to parties of

this case . Melissa called and spoke with Tiffany Judge Berrys office she
also spoke to Joseph Goodnight and Erika Flavin in the public defenders
office and sent emails to Judges Berrys staff to ensure everyone that Mr.
Mitchell wasnt failing to appear that he had an emergency situation. Melissa
also by the advice of Joseph Goodnight and confirmed with Erika Flavin
that she would be at the 2:00 hearing on behalf of Mr. Mitchell in case the
courts needed any more information. Melissa was at the 3rd floor Department
1 Judge Berrys court room at 2:05 that day to find that the court was
vacated and locked.
An email Mr. Mitchell received the next day from stand by council Erika
Flavin states that neither the prosecutor or the public defender had any
objection to Mr. Mitchells request to set court date a day or two out, That the
Judge that was filling in for Judge Berry, Robert Estes did not take judicial
notice of the emails that were sent and received by Judge Berrys staff.
informing the courts of Mr. Mitchells emergency situation. NRS 199.335

The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the
United States Bill of Rights (ratified December 15, 1791) prohibiting the federal government
from imposing excessive bail, excessive fines, or cruel and unusual punishment.

Therefore Mr. Mitchell asks the courts to quash the bench warrant and set a
new court date and his bond not be forfeited.