SUPREME COURT 

OF 

NEVADA 

IN THE SUPREME COURT OF THE STATE OF NEVADA 

THE STATE OF NEVADA, 

Petitioner, 

vs. 

THE EIGHTH JUDICIAL DISTRICT 

COURT OF THE STATE OF NEVADA, 

IN AND FOR THE COUNTY OF 

CLARK; AND THE HONORABLE 

DOUGLAS SMITH, DISTRICT JUDGE, 

Respondents, 

and 

DONALD EDWARD BROWN, 

Real Party in Interest. 

No. 69522 

FILED 

JUL 1 4 2016 

TRACE K. LINDEMAN 

CLERK OF SUPREME COURT 

BY 

DEPUTY CLERK 

ORDER GRANTING PETITION FOR WRIT OF MANDAMUS 

OR PROHIBITION 

This is an original petition for a writ of mandamus or 

prohibition challenging a district court order granting a motion for an 

independent psychological examination of the victim of child abuse, 

neglect, endangerment, and other physical abuse charges pending against 

the real party in interest. 

In 2014, real party in interest Donald Edward Brown was 

charged with multiple counts of child abuse, neglect, or endangerment 

regarding his fifteen-year-old stepdaughter. Brown brought a motion 

asking the district court to order an independent psychological evaluation 

of the minor child, which the district court granted. The State now 

petitions this court for a writ of mandamus or, in the alternative, 

prohibition to direct the district court to reverse the district court's order. 

In its petition, the State raises the following issues: (1) whether the 

district court had the authority to order an independent psychological 

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evaluation of a child-victim that was not a victim of sexual abuse, (2) 

whether the district court abused its discretion by failing to include 

particularized factual findings in support of its order, and (3) whether the 

district court abused its discretion by finding that there was a compelling 

reason to order an independent psychological evaluation. 

The district court abused its discretion by failing to include particularized 

factual findings in support of its order 

In State v. Eighth Judicial District Court (Romano), this court 

stated that it is "require[d] that trial courts set forth a particularized 

factual finding that there is reason to believe that a psychological 

examination is warranted." 120 Nev. 613, 623, 97 P.3d 594, 601 (2004), 

overruled on other grounds by Abbott v. State, 122 Nev. 715, 727, 138 P.3d 

462, 470 (2006). While Romano was later overruled by Abbott, it was 

overruled on the issue of whether a district court judge could order a childvictim to undergo an independent psychological evaluation, not on 

•whether the district court must set forth a particularized factual finding. 

Abbott, 122 Nev. at 727, 138 P.3d at 470. Therefore, Romano remains 

mandatory law on this issue. 

Here, the district court's order summarily stated that Brown 

had met the three Abbott criteria and granted Brown's motion for an 

independent psychological examination. Its oral findings were similarly 

sparse, only stating, "I think that the defense has met all three of [the 

Abbott criteria] and I'm going to order a psychiatric evaluation." Thus, 

neither the district court's order nor its oral findings set forth a 

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OF 

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desty 

TA 

particularized factual finding as to why a psychological examination was 

warranted as required by Romano.' 

Therefore, we 

ORDER the petition GRANTED AND DIRECT THE CLERK 

OF THIS COURT TO ISSUE A WRIT OF MANDAMUS instructing the 

district court to vacate its December 9, 2015, Order granting Defendant's 

Motion for Independent Psychological Examination of the Alleged Victim 

and to reconsider the motion in light of this order. 

CLAA 

Parraguirre 

614,14. 

Douglas 

1\ 

At ail ,J. 

Saitta 

J. 

J. 

CC: Hon. Douglas Smith, District Judge 

Attorney General/Carson City 

Clark County District Attorney 

Turco & Draskovich 

Eighth District Court Clerk 

'Because we grant the State's petition on this ground and order the 

district court to vacate and reconsider its order, we do not reach the other 

issues raised in the petition. 

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OF 

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