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Moultrie V. State, 131 Nev. Adv. Op. 93 (Dec. 24, 2015), Cassandra Ramey

Nevada Supreme Court Summaries

The Court of Appeals determined that the district court did not abuse its discretion by allowing the State to file an information by affidavit more than 15 days after the preliminary examination concluded, when the justice court committed an “egregious error,” and “the defendant was discharged but not prejudiced by the delay.” Further, the Court defines “egregious error” as when “a charge was erroneously dismissed or a defendant was erroneously discharged based on a magistrate’s error.” Due to the justice court’s egregious errors in the preliminary examination that resulted in appellant’s discharge, the Court found that the district court was …