Davis v. Dist. Court
Annotate this CaseA criminal complaint was filed against Petitioner, and Richard Tannery was appointed to represent Petitioner. A notice of intent to seek an indictment was served by facsimile transmission to Tannery's office. The grand jury ultimately returned an indictment against Petitioner. Petitioner filed a motion to dismiss the indictment for lack of reasonable notice. The district court denied the motion. Petitioner subsequently filed this petition for a writ of mandamus, arguing that the State's facsimile service of the grand jury notice was inadequate. The Supreme Court denied the petition, holding that a facsimile service of a notice of intent to seek an indictment constitutes adequate service under Nev. Rev. Stat. 172.241(2), as section 172.241(2) does not require personal service, and Nev. Rev. Sat. 178.589(1) permits facsimile transmission of motions, notices, and other legal documents where personal service is not required.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.