Opinion
No. 72293
03-22-2017
TRAVIS SHEFFIELD, Petitioner, v. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE DOUGLAS W. HERNDON, DISTRICT JUDGE, Respondents, and THE STATE OF NEVADA, Real Party in Interest.
ORDER DENYING PETITION
This is an original petition for a writ of habeas corpus. Petitioner Travis Sheffield asserts he is being unlawfully restrained. He claims insufficient evidence was produced to warrant him being bound over to the district court on charges of murder with the use of a deadly weapon, assault with a deadly weapon, and offer or attempt to sell a controlled substance because the witnesses' testimony was confused, contradictory, and inconsistent, and no weapon, ballistics, DNA, or fingerprint evidence was introduced to support the charges. He further asserts that because the kidnapping counts were dismissed, the State should not be permitted to use kidnapping as a theory for the murder count.
We conclude that our intervention by extraordinary writ is not warranted. Initially, we note that Sheffield does not allege he has previously sought and been denied habeas relief in the district court. See NRAP 22 (An application for a petition for a writ of habeas corpus should be filed in the appropriate district court in the first instance.). Further, although Sheffield cites to the preliminary hearing transcript, he has not provided this court with a copy of that transcript, and he has failed to demonstrate that he is being unlawfully restrained. See NRS 34.360; Sheriff v. Modes, 96 Nev. 184, 186, 606 P.2d 178, 180 (1980) ("The finding of probable cause may be based on slight, even 'marginal' evidence."); Lamb v. Holsten, 85 Nev. 566, 568, 459 P.2d 771, 772 (1969) ("The sole function of the [appellate] court is to determine whether all of the evidence received at the preliminary hearing establishes probable cause to believe that an offense has been committed and that defendant committed it."). Accordingly, we
ORDER the petition DENIED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Douglas W. Herndon, District Judge
Travis Sheffield
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk