Legal Opinion

Brown (David) v. State

Nevada Supreme Court

Decided October 17, 2013No. 63065Unpublished

1Opinion of the Court

court enters written findings and an order allowing the State to proceed with a second prosecution, NRS 174.085(7). However, where the State has brought dual proceedings against an accused for the same offense, it may elect to proceed with one of the pending proceedings and dismiss the other without implicating NRS 178.562(1). Thompson v. State, 125 Nev. 807, 812,

221 P.3d 708, 712

(2009). This is because "as a general matter, there is no prejudice to an accused when one of two pending vehicles for prosecution is dismissed, leaving him accused by only one."

Id. at 811,

221 P.3d at 711

(internal…

2Cases cited3 opinions

  1. Barker v. WingoSupreme Court of the United States · 1972
  2. Doggett v. United StatesSupreme Court of the United States · 1992
  3. Thompson v. StateNevada Supreme Court · 2009

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