Peterson v. Sheriff

OPINION

The Clark County Grand Jury returned an indictment charging Terry Peterson with sale of heroin, a controlled substance. (NRS 453.321; 453.161.)

In an effort to avoid trial Peterson timely petitioned for habeas corpus, contending the charge should be dismissed because the evidence adduced before the grand jury did not meet the probable cause test delineated in NRS 172.155(1 ).1 We agree.

The record on appeal reveals the grand jury received sufficient evidence from which they could conclude a sale of heroin was made; however, there is absolutely no testimony which would implicate Terry…