State v. Desavio (matthew)

Summary

The Nevada Supreme Court affirmed dismissal without prejudice of the criminal complaint because Desavio remained incarcerated for nearly 90 days without receiving court-ordered competency-restoration treatment, violating his due process rights. The court held that this ongoing, unalleviated prejudice supplied a legal basis for dismissal and that dismissal was within the district court's discretion after contempt sanctions and a transfer order proved ineffective.