Flowers v. Sheriff

OPINION

At the conclusion of a preliminary examination Terry Dee Flowers was ordered to stand trial for battery with intent to commit rape, a felony under NRS 200.400.

In an effort to avoid trial Flowers timely petitioned for habeas corpus, contending the charge should be dismissed because the evidence adduced at the preliminary examination did not meet the probable cause test delineated in NRS 171.-206. He also contends his “in-court” identification should be suppressed because it was based on an unduly suggestive pretrial lineup.

1. Contrary to Flowers’ contention, we believe the quantum and…