Here is the opinion in State v. Fellegy:
From the court’s syllabus:
The district court need not conduct an evidentiary hearing on a criminal defendant’s pretrial motion to dismiss based on the defendant’s claim under his right to equal protection that the charge arose from unconstitutional selective enforcement if the defendant has asserted facts that, even if proven, would not substantiate the claim. And a defendant’s allegation that a different prosecutor in a different charging jurisdiction decided not to charge two individuals of a different race for the same offense that the defendant was charged with is not sufficient to substantiate an unconstitutional selective prosecution claim.
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