Sheriff, Clark County v. Willoughby

OPINION

By way of information, respondent was charged with murder (NRS 200.010, 200.070) and battery with the use of a deadly weapon (NRS 200.481). Thereafter, respondent petitioned the district court for a pretrial writ of habeas corpus, alleging that the evidence adduced at the preliminary examination was insufficient to establish probable cause to hold respondent on the charge of open murder. In essence, respondent argued that the facts give rise, at most, to a charge of involuntary manslaughter. The district court granted the petition, reasoning that since an open murder charge includes a…