Clay v. Eighth Judicial Dist. Court
Annotate this CaseA grand jury indicted Petitioner for two counts of child abuse and neglect stemming from incidents in which Petitioner slapped and hit his pregnant sixteen-year-old girlfriend. Petitioner filed a pretrial petition for a writ of habeas corpus challenging the indictment, contending (1) the State failed to prove that abuse or neglect occurred, and (2) the State failed to comply with Nev. Rev. Stat. 172.095(2) by not instructing the jury on the definition of "physical injury" as used in the child-abuse-and-neglect statute. The district court denied the petition. Petitioner subsequently filed this petition for a writ of mandamus or prohibition challenging the district court's petition. The Supreme Court granted the petition as to one of the two counts of child abuse, concluding (1) when alleged "abuse or neglect" is based on a nonaccidental physical injury, the district attorney must inform the grand jurors of the statutory definition of "physical injury"; and (2) the State's failure to inform the grand jurors of the statutory definition of "physical injury" likely caused the grand jury to return an indictment on less than probable cause for one of the two counts of child abuse.
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