Johnny D. Dowling, 37, of Pahrump, filed a writ of habeas corpus that was quashed by Judge Robert Lane in the Fifth District Court last week.

A writ of habeas corpus is an order to bring a defendant before the court for a hearing at which the prosecuting party must prove the defendant's detention is justified.

Dowling, who faces a charge of sexual assault with a minor under the age of 14, numerous charges of lewdness with a child under the age of 14, and two charges of child neglect and abuse, pleaded not guilty to the charges at his arraignment last December.

Dowling allegedly assaulted and abused a victim between the age of 5 and 6 between June and October 2005.

The writ argued that he was being illegally held by the county and that all charges should be discharged.

If the charges were not discharged, the writ argued, then at least the two charges of child abuse and neglect should be.

The main argument for dismissal was that the victim should not have been allowed to testify at Dowling's preliminary hearing because the record failed to show that she fully understood the legal consequences of lying in court, and also that she was not administered a proper oath.

Lane's ruling, based on transcripts of the preliminary hearing and arguments presented at the habeas corpus hearing, stated, "The record shows that the child witness did understand that it was her duty to tell the truth, and promised to do so ... The child witness understood it was bad to lie."

As such, Lane ruled that the legal requirements for the witness's testimony had been met.

The second argument was that without the witness's testimony, there was insufficient proof to bind Dowling over to district court on any of the charges.

Since Lane ruled that her testimony was in fact admissible, however, this argument became a moot point.

The third argument was that the two charges of child abuse and neglect should be dropped because there was insufficient evidence proving that the child suffered any physical pain by specific sexual practices or suffered emotionally or psychology by being allowed to watch pornographic movies.

Lane did not rule to drop the charges, but he wrote that the wording of the charges should be revised to avoid confusion and specify that emotional or psychological pain was suffered by the victim.

Dowling will remain in custody and stand trial in the Fifth District Court.