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Sheriff, Clark County v. Provenza
Citations: 630 P.2d 265; 97 Nev. 346; 1981 Nev. LEXIS 527Docket: 12572
Court: Nevada Supreme Court; July 2, 1981; Nevada; State Supreme Court
The Supreme Court of Nevada affirmed the district court's order granting Michael J. Provenza's petition for a writ of habeas corpus. The district court had determined there was insufficient evidence to establish probable cause for holding Provenza for trial. The Sheriff of Clark County appealed this decision, seeking an independent review of the evidence sufficiency. Under Nevada Revised Statutes (NRS) 34.380, the state can appeal a writ of habeas corpus grant, but there is no corresponding right to appeal a denial of such petitions. The court emphasized the importance of judicial efficiency and stated that factual determinations regarding probable cause are best left to the trial court. Absent substantial error from the district court, the Supreme Court would not overturn the granting of pretrial habeas petitions. Consequently, the order granting the writ was upheld.