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STATE v. DIST. CT. (EPPERSON)

No. 42048.

89 P.3d 663 (2004)

The STATE of Nevada, Richard A. Gammick, Washoe County District Attorney, Petitioners, v. The SECOND JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF WASHOE, and the Honorable Steven R. Kosach, District Judge, Respondents, and Claude Eric Epperson, Jr.; Ryan Andrew Barnes; Doni Kevin Hodge; and Brittania Larae Todd, Real Parties in Interest.

Supreme Court of Nevada.

May 13, 2004.

Attorney(s) appearing for the Case

Richard A. Gammick, District Attorney, and Gemma Greene Waldron, Deputy District Attorney, Washoe County, for Petitioners.

John P. Calvert, Reno, for Real Party in Interest Brittania Larae Todd.

John J. Kadlic, Reno, for Real Party in Interest Doni Kevin Hodge.

Michael R. Specchio, Public Defender, and Cheryl D. Bond and Cotter C. Conway, Deputy Public Defenders, Washoe County, for Real Party in Interest Ryan Andrew Barnes.

Martin H. Wiener, Reno, for Real Party in Interest Claude Eric Epperson, Jr.

JoNell Thomas, Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

Before BECKER, AGOSTI and GIBBONS, JJ.

OPINION

PER CURIAM.

Petitioner the State of Nevada refused to copy and produce a child pornography videotape to defense counsel based on NRS 200.710 to 200.735 and 18 U.S.C. § 2252. The State provided the real parties in interest Claude Eric Epperson, Jr. (Claude), Ryan Andrew Barnes (Ryan), Doni Kevin Hodge (Doni), and Brittania Larae Todd (Brittania) (collectively the Epperson defendants) access to the child pornography videotape by allowing...

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