Nevada Supreme Court grants stay re: discovery in death penalty case

| | Comments (0) | TrackBacks (0)

The Nevada Supreme Court has issued a stay of discovery ordered by Judge Mosley in the capital case of State v. Curtis Bonilla.  I don't remember how to download a pdf and the order is not published on the Court's website, so here's the text:

"This is an original petition for a writ of mandamus or prohibition challenging a district court order granting the State's motion for production of discovery pursuant to NRS 174.245, including materials to be presented during the penalty phase in a death penalty case.  Petitioner requests a stay of the proceedings and requests this court to prohibit the district court from ordering pretrial discovery of petitioner's penalty phase evidence before a finding of guilt is returned.  Cause appearing, we grant a stay of the district court's order to the extent that it compels discovery of petitioner's penalty phase evidence before the jury returns a verdict on the guilt phase of the trial.

Further, we have reviewed the petition, and it appears that petitioner has set forth issues of arguable merit and may have no plain, speedy and adequate remedy in the ordinary course of the law.  Accordingly, the State, on behalf of respondents, shall have 10 days from the date of this order within which to file an answer, including authorities, against issuance of the requested writ." 




0 TrackBacks

Listed below are links to blogs that reference this entry: Nevada Supreme Court grants stay re: discovery in death penalty case.

TrackBack URL for this entry:

Leave a comment

About this Entry

This page contains a single entry by JoNell published on January 15, 2009 1:57 PM.

Interesting unpublished decisions was the previous entry in this blog.

The Governor's Proposed Budget & What It Means to Us is the next entry in this blog.

Find recent content on the main index or look in the archives to find all content.

Powered by Movable Type 4.0