Gilbaugh (Jon) v. Dist. Ct. (State) ( 2016 )

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
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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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