Sheriff, Clark County v. Frank

OPINION

Respondent, Seth Frank, was charged by an indictment filed March 21, 1986, with one count of lewdness with a minor and once count of sexual assault on a child under the age of fourteen. See NRS 201.230; NRS 200.366(2)(c). Prior to trial, respondent challenged the indictment by way of a petition for a writ of habeas corpus. Among other contentions, he argued that the indictment was invalid because the district attorney (1) improperly withheld exculpatory evidence from the grand jury; and (2) allowed inadmissible testimony to be presented to the grand jury. The district court agreed and…