BINEGAR v. DISTRICT COURT

No. 27579.

915 P.2d 889 (1996)

112 Nev. 76

Mark Allen BINEGAR, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the State of Nevada, IN AND FOR the COUNTY OF CLARK, and the Honorable Lee Gates, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

May 1, 1996.


Attorney(s) appearing for the Case

Patricia M. Erickson, Las Vegas; Wright Judd & Winckler, Las Vegas, for Petitioner.

Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, James Tufteland, Chief Deputy District Attorney, Clark County, for Real Party in Interest,

Dominic P. Gentile, Ltd. and Jonell Thomas, Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

Morgan D. Harris, Public Defender, Kedric A. Bassett, Deputy Public Defender, Clark County, for Amicus Curiae Clark County Public Defender's Office.

Richard A. Gammick, District Attorney, Terrence C. McCarthy, Deputy District Attorney, Washoe County; Patricia Lynch, City Attorney, William L. Gardner, Chief Deputy City Attorney, Reno; Steven Elliott, City Attorney, Sparks; Noel Waters, District Attorney, Roy L. Stralla, Deputy District Attorney, Carson City; Scott Doyle, District Attorney, Kristine L. Brown, Deputy District Attorney, Douglas County; Janet Hess, District Attorney, Storey County, for Amici Curiae (District Attorneys).


OPINION

PER CURIAM:

FACTS

This case involves the constitutionality of Nevada's reciprocal discovery statute, passed as Assembly Bill 151 (AB 151) and codified as amendments to NRS Chapter 174. AB 151 became effective on October 1, 1995. AB 151 added a new section to NRS Chapter 174 which is codified at NRS 174.089 and provides:

A defendant shall: 1. Not later than the date...

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