Gilbaugh (Jon) v. Dist. Ct. (State)

• Court: Nevada Supreme Court
• Decided: February 10, 2016
• Docket: 68568
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

JON GILBAUGH, No. 68568 Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE KATHLEEN E. FILED DELANEY, DISTRICT JUDGE, FEB 1 0 2016 Respondents, TRACE K. ONDEMAN and CLERK OF UPREME COURT

THE STATE OF NEVADA, BY S• DEPUTY CLERK Real Party in Interest.

ORDER DENYING PETITION This original petition for a writ of mandamus challenges an order of the district court denying a motion to dismiss an indictment. Petitioner Jon Gilbaugh contends that the district court erred in concluding that the State could seek an indictment after voluntarily dismissing charges pursuant to NRS 174.085(5). We conclude that petitioner has not demonstrated that the district court manifestly abused its discretion in concluding that the State could seek an indictment after dismissing a complaint. See NRS 174.085(5) (permitting State to dismiss and refile a complaint prior to the preliminary hearing); Sheriff, Washoe Cty. v. Dhadda, 115 Nev. 175, 183, 980 P.2d 1062, 1067 (1999) ("M here is no jurisdictional defect in dual proceedings against an accused consisting

SUPREME COURT OF NEVADA

ea) (0) 1947A cromin 5 of a grand jury indictment for the same offense which has been previously charged in a pending complaint or information." (citing Turpin v. Sheriff, 87 Nev. 236, 238, 484 P.2d 1083, 1084-85 (1971)). Accordingly, we ORDER the petition DENIED.

, C.J. Parraguirre

J. Cherry

J.

cc: Hon. Kathleen E. Delaney, District Judge Clark County Public Defender Attorney GenerallCarson City Clark County District Attorney Eighth District Court Clerk

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