Dr. Dipak Desai Trial to Move ON
Jury selection to continue this week and the trial is expected to last six to eight weeks.
On April 22, 2013, an emergency motion was filed by Dr. Desai’s legal team and tried to stay proceedings in the Clark County District Court for the upcoming trial and the jury selection. Dr. Desai’s lawyer asked for suspension of trial proceeding in district court while Supreme Court issues a ruling regarding competency determination.
Upon Dr. Desai’s release from the hospital on March 1, 2013, Dr. Desai counsel informed the district court of the stroke and expressed doubt as to his competency. On March 7, 2013 the district court declined to stay the trial until it could verify the occurrence and extent of the stroke. Later the district court believed, based on the independent medical evaluator report, that Dr. Desai suffered only a minor stroke and had some difficulty speaking.
Dr. Desai’s attorney argued that the district court abused its discretion in refusing to suspend trial and initiate a competency proceeding in disregard of reliable evidence of doubt as to competency and asked the supreme court to compel the district court to suspend all proceedings and order a competency evaluation.
On Monday, April 29, 2013, the Nevada Supreme Court denied a request to suspend Dr. Desai’s trial. For more details, please click here…