Authors

Kacee Johnson

Document Type

Case Summary

Publication Date

10-30-2023

Case Synopsis

The Nevada Supreme Court considered whether the district court erred in dismissing the criminal complaint against Defendant after Defendant’s due process rights were violated from a delay in receiving competency restoration treatment.

The Court reversed, holding that: (1) the Court’s precedent did not support the district Court’s decision to dismiss Defendant’s complaint with prejudice due to aggravated circumstances, and (2) the district court failed to consider the balance between deference and the need for criminal prosecution.

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