Clay v. Eighth Judicial District Court of the State of Nevada ex rel. County of Clark

OPINION

By the Court,

Douglas, J.:

Nevada law requires a district attorney to “inform the grand jurors of the specific elements of any public offense which they may consider as the basis of the indictment.” NRS 172.095(2). In this original writ proceeding, we consider whether the district attorney violates this requirement when he or she seeks an indictment for child abuse or neglect under NRS 200.508(1) based on a nonacci-dental physical injury but fails to inform the grand jurors of the definition of “physical injury” set forth in NRS 200.508(4)(d). We conclude that regardless of the theory…