The State of Nevada v. the Eighth Judicial District Court of the State of Nevada, in and for the County of Clark And…

Summary

The Nevada Supreme Court denied the State's mandamus petition, holding that retrograde extrapolation evidence is relevant to proving both charged DUI theories but may be excluded when its probative value is substantially outweighed by unfair prejudice. Because the State relied on a single blood sample taken more than two hours after the collision and lacked significant individualized information needed for a reliable calculation, the district court did not manifestly abuse or arbitrarily or capriciously exercise its discretion. Pickering, J., dissenting, would have granted writ relief and required admission of the blood-test and retrograde-extrapolation evidence.