Maes v. Sheriff, Clark County

OPINION

By the Court,

Thompson, J.:

The issue presented to us is whether the State may file a second criminal complaint against the defendants charging them with the identical offense charged in a prior complaint which was dismissed by the magistrate for failure of the State to show good cause for continuance of a preliminary examination after being given an opportunity to do so. The district court resolved that issue against the defendants-appellants, denied their request for habeas relief, and this appeal followed. For reasons hereafter stated we reverse the district court, grant the petition…