OBERMEYER v. The State of Nevada, Real Party in Interest. (2019)

Supreme Court of Nevada.

Mark S. OBERMEYER, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT of the State of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Stefany Miley, District Judge, Respondents, The State of Nevada, Real Party in Interest.

No. 78194

Decided: March 06, 2019

Mace J. Yampolsky, Ltd. Attorney General/Carson City Clark County District Attorney

ORDER DENYING PETITION

This petition for a writ of habeas corpus challenges a district court order granting a motion in limine to admit expert testimony regarding retrograde extrapolation in a criminal prosecution for driving under the influence causing death. Having reviewed the petition, we are not convinced that a writ of habeas corpus is available to challenge the respondent district court's pretrial evidentiary ruling. See NRS 34.360 (“Every person unlawfully committed, detained, confined or restrained of his or her liberty, under any pretense whatever, may prosecute a writ of habeas corpus to inquire into the cause of such imprisonment or restraint.”); NRS 34.500 (setting forth grounds for discharge on writ of habeas corpus where “petitioner is in custody by virtue of process from any court of this State”); cf. Kinsey v. Sheriff, 94 Nev. 596, 584 P.2d 158 (1978) (observing that habeas corpus statutes do not permit “a pretrial challenge to an order denying a motion for discovery”). Accordingly, we

ORDER the petition DENIED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network