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CLAY v. EIGHTH JUD. DIST. CT.

No. 61986.

305 P.3d 898 (2013)

Bryan CLAY, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, in and for the COUNTY OF CLARK; and The Honorable James M. Bixler, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

July 11, 2013.

Attorney(s) appearing for the Case

Patti, Sgro & Lewis and Anthony P. Sgro , Las Vegas; Christopher R. Oram , Las Vegas, for Petitioner.

Catherine Cortez Masto , Attorney General, Carson City; Steven Wolfson , District Attorney, and Jonathan E. VanBoskerck , Chief Deputy District Attorney, Clark County, for Real Party in Interest.

BEFORE GIBBONS, PARRAGUIRRE and DOUGLAS, JJ.

OPINION

By the Court, DOUGLAS, J.:

Nevada law requires a district attorney to "inform the grand jurors of the specific elements of any public offense which they may consider as the basis of the indictment." NRS 172.095(2). In this original writ proceeding, we consider whether the district attorney violates this requirement when he or she seeks an indictment for child abuse or neglect under NRS 200.508(1) based on a nonaccidental physical injury but...

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