Chasing Horse (Nathan) v. Dist. Ct. (State)., 140 Nev. Adv. Op. 63 (Sept. 26, 2024)

It is an error of the State to give an instruction to the Grand Jury that is not supported by evidence and which does not address a necessary element, which in this case must be under NRS 172.095(2). The State exceeded its statutory duty in the case at hand and gave the grand jury an instruction on grooming that was improper and prejudicial. As a result, and because the State failed to provide exculpatory evidence, the district court abused its discretion in denying pretrial habeas corpus relief. The petitioned relief is affirmed.