Loucious v. Sheriff

OPINION

An indictment charged Richard Loucious with the felonious sale of a controlled substance (heroin), in violation of NRS 453.321 and NRS 453.161. Loucious challenged the indictment with a pretrial petition for a writ of habeas corpus contending, inter alia, the evidence presented to the grand jury was insufficient to sustain the probable cause burden which is imposed by NRS 172.155(1).1 The district judge denied habeas and, in this appeal, Loucious asserts we are compelled to reverse. We agree.

*100The only evidence contained in the transcript of the grand jury proceedings that would connect…