Routhier v. Sheriff, Clark County

OPINION

At the conclusion of a preliminary examination Donald Joseph Routhier was held to answer on one count of sale of a controlled substance, a felony under NRS 453.321 and 453.-161. He then filed a pretrial petition for a writ of habeas corpus contending the charge must be dismissed because the magistrate denied the right to call and cross-examine a witness, as permitted by NRS 171.196(4). The district court denied habeas and in this appeal the same contention is reasserted.

During the preliminary examination the magistrate, upon defense counsel’s demand, directed a prosecution witness to…