State v. Dist. Ct. (bankhead) (criminal)

Summary

The Nevada Supreme Court granted the State's petition for a writ of mandamus, holding that the trial court's jury instruction requiring proof that the defendant had a present ability to use a loaded and operable firearm was inconsistent with the current statutory definition of assault with a deadly weapon. The Court reasoned that the statute no longer mandates proof of present ability or that the weapon be loaded and operable, rendering the instruction legally inaccurate and misleading.