Sheriff, Clark County v. Provenza

OPINION

Appellant Sheriff of Clark County has appealed from a district court order granting respondent Provenza’s petition for a writ of habeas corpus.

In granting the writ, the district judge found that there was insufficient evidence to establish probable cause to hold Provenza for trial. On this appeal, which was scheduled for oral argument at the request of the Clark County District Attorney pursuant to NRAP 34(f)(3), we are asked by the state to review the record and make an independent determination as to the sufficiency of the evidence.

NRS 34.380 permits the state to appeal from a…