BENSON v. STATE

No. 25992.

895 P.2d 1323 (1995)

Richard Lee BENSON, Jr., Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

May 25, 1995.


Attorney(s) appearing for the Case

Gensler and Kuehn, Tonopah, for appellant.

Frankie Sue Del Papa, Atty. Gen., Carson City; Robert S. Beckett, Dist. Atty., and Rachel H. Nicholson and Kirk Vitto, Deputy Dist. Attys, Nye County, for respondent.


OPINION

ROSE, Justice:

Appellant Richard Lee Benson, Jr. was charged with three counts of sexual assault. During Benson's first trial, the prosecutor moved for a mistrial, and the district court held Benson's counsel in criminal contempt and declared a mistrial. This court granted Benson's counsel's petition for a writ of mandamus, concluding that the trial court had abused its discretion in finding him...

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