Reason v. Sheriff

OPINION

Nathaniel Reason duly and timely appeared in a magistrate’s court in Las Vegas for a scheduled preliminary examination. The prosecuting attorney was not prepared to go forward because he had not arranged to have “certain necessary physical evidence” available at the hearing.

Reason’s motion to dismiss was denied and the hearing was continued on the oral request of the prosecuting attorney. Reason then petitioned for habeas corpus and has appealed from the order denying the requested relief.

We have previously held that when a prosecuting attorney is not prepared to go forward with a…