Stevenson v. Sheriff
Cases that cite this one
2 later published cases cite this decision.
- Chittenden v. Just. Ct. of Pahrump Twp. (Nev. Ct. App. 2024)
- Bushnell v. State (Nev. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Charged with the felonious possession of a controlled substance (heroin), in violation of NRS 453.336 and NRS 453.-161, Rufus Duane Stevenson petitioned for habeas corpus. Stevenson argued the charges should be dismissed because his preliminary examination was not scheduled within the fifteen (15)-day period prescribed by NRS 171.196(2). The magistrate had scheduled the preliminary examination nineteen (19) days after Stevenson’s initial appearance in the, justice court.
The district judge denied habeas and in this appeal the same contention is reurged. We extend the decision in Shelton v. Lamb, 85 Nev. 618, 460 P.2d 156 (1969), and now hold a magistrate may, in the first instance, set a preliminary examination beyond the statutory fifteen (15)-day period, when the record establishes, as it does here, that the reason for so doing is the overcrowded condition of the court’s calendar.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.