RUGAMAS v. EIGHTH JUD. DIST. CT.

No. 62251.

305 P.3d 887 (2013)

Giovanni O. RUGAMAS, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, in and for the COUNTY OF CLARK; and the Honorable Abbi Silver, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

July 3, 2013.


Attorney(s) appearing for the Case

Philip J. Kohn , Public Defender, and Jennifer L. Schwartz , Deputy Public Defender, Clark County, for Petitioner.

Catherine Cortez Masto , Attorney General, Carson City; Steven B. Wolfson , District Attorney, and Steven S. Owens , Chief Deputy District Attorney, Clark County, for Real Party in Interest.

BEFORE GIBBONS, DOUGLAS and SAITTA, JJ.


OPINION

By the Court, SAITTA, J.:

The State sought an indictment against petitioner Giovanni O. Rugamas on charges of sexual assault and lewdness involving a child who was under 10 years of age. During the grand jury proceedings, the State presented testimony about out-of-court statements made by the child-victim describing the alleged sexual conduct. With some exceptions, an out-of-court statement offered to prove the truth of the matter asserted...

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