Kasie Raeshi Causey v. Eighth Judicial District Court of the State of Nevada, in and for the County of Clark, and the Honorable Eric Johnson, District Judge

Summary

The Nevada Supreme Court denied Kasie Raeshi Causey’s petition for a writ of mandamus challenging an order permitting the State to file an information by affidavit reinstating eleven child-abuse charges. The court held that NRS 200.508 permits either separate charges based on distinct abusive acts or a single charge based on a continuing course of conduct, depending on the circumstances and how the State pleads the case. The court also concluded that the justice court committed egregious legal error by merging the twelve counts and that the information-by-affidavit procedure was appropriate.

Holdings

1. The unit of prosecution under NRS 200.508(1) is causing a child pain or suffering, and each instance of causing that pain or suffering may constitute a separate violation. The statute permits either a single charge based on a continuing course of conduct or multiple charges based on distinct acts, depending on the circumstances and how the State pleads the case.
2. An information by affidavit was an appropriate means for the State to seek reinstatement of the counts after the accused had been discharged at the preliminary examination, even though the justice court dismissed the counts as a matter of law rather than for lack of probable cause.
3. The justice court committed egregious error by merging the twelve counts based on the erroneous legal conclusion that NRS 200.508 permits only one count for a continuing offense. The district court therefore did not manifestly abuse its discretion by allowing the State to file an information by affidavit.

Questions Presented

1. Whether the Nevada Supreme Court should exercise its discretion to consider Causey's mandamus petition.
2. Whether NRS 200.508 permits child abuse to be charged only as one continuing offense or permits separate charges based on distinct acts.
3. Whether an information by affidavit under NRS 173.035(2) was an appropriate vehicle to reinstate counts dismissed by the justice court as a matter of law.
4. Whether the justice court committed egregious error by merging the twelve child-abuse counts into one count.

Disposition

writ_denied