Mills v. Sheriff

OPINION

At the conclusion of a preliminary examination John Frederick Mills, III, was ordered to stand trial for possession of a controlled substance (marijuana), a felony under NRS 453.-336. Thereafter, a pretrial petition for a writ of habeas corpus contended there was insufficient evidence to establish probable cause that Mills had committed the crime. The district judge denied habeas relief and Mills has appealed.

The only evidence suggesting that Mills exercised dominion and control over the contraband was given by two correctional officers employed at the state prison. The thrust of their…