Ormound v. Sheriff, Clark County

OPINION

The sole question’ before us on this appeal from an order denying a petition for a writ of habeas corpus is whether the district court improperly granted a continuance of the preliminary examination due to the absence of the prosecuting witness. We agree with the appellant’s contention that the continuance was improperly granted.

Our prior decisions have established that where a legal means of compelling the attendance of a witness is available, that method must be utilized before the good cause requirement of DCR 21 is met. See Salas v. Sheriff, 91 Nev. 802, 543 P.2d 1343 (1975). Here,…