Document Type
Case Summary
Publication Date
2-2024
Case Synopsis
The court addresses the statutory requirement for a preliminary hearing within 15 days of a defendant’s initial appearance on felony or gross misdemeanor charges, unless good cause exists for delay. The court determines that the justice court must balance the defendant’s right to pretrial liberty with the state’s interests and court needs when assessing good cause, requiring on-record justifications for any delays and efforts to expedite hearings. In this case, appellant Chittenden filed a petition for a writ of mandamus in district court seeking a dismissal of the charges against her because the justice court scheduled her preliminary hearing 76 days after her initial appearance, while she remained in custody. The district court denied her petition finding that good cause existed for the extreme delay, to which Chittenden appealed the decision. The court concludes that the district court abused its discretion when it found good cause for the delay yet affirmed the district court’s denial of Chittenden’s petition for extraordinary writ relief on other grounds.
Recommended Citation
Gordon, Michelle, "Chittenden v. Just. Ct. of Pahrump Twp., 140 Nev. Adv. Op. 5 (Jan. 25, 2024)" (2024). Nevada Supreme Court Summaries. 1634.
https://scholars.law.unlv.edu/nvscs/1634