In re Knast

OPINION

By way of petition for a writ of habeas corpus, Leonard Knast challenges the refusal of the district court to grant him release on bail pending his trial on open murder charges. See NRS 34.530. The state contended that aggravating circumstances which would justify imposition of the death penalty were present under NRS 200.033(8). However, the district court in denying bail held that it need not determine whether the death penalty could be imposed in the case, but only whether the proof were evident or the presumption great that petitioner would be convicted of first degree murder.…