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GATHRITE v. EIGHTH JUDICIAL DISTRICT COURT

No. 77529.

451 P.3d 891 (2019)

135 Nev. Adv. Opn. 54

Deandre GATHRITE, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Douglas W. Herndon, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

Filed November 7, 2019.

Attorney(s) appearing for the Case

Lobo Law PLLC and Adrian M. Lobo , Las Vegas, for Petitioner.

Aaron D. Ford , Attorney General, Carson City; Steven B. Wolfson , District Attorney, and Alexander G. Chen , Chief Deputy District Attorney, Clark County, for Real Party in Interest.

Sarah K. Hawkins , Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

BEFORE HARDESTY, STIGLICH and SILVER, JJ.

OPINION

NRS 172.135(2) provides that only "legal evidence" may be presented to the grand jury. The primary question raised in this original proceeding is whether evidence that has been suppressed in justice court proceedings on a felony complaint is "legal evidence" that may be presented to the grand...

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