Sheriff v. Potter

5 Citing cases

  1. State v. Davis

    No. 87371 (Nev. Aug. 14, 2024)

    To the extent that the district court determined that there was not slight or marginal evidence to support a finding of probable cause, the district court substantially erred. See Sheriff v. Potter, 99 Nev. 389, 392, 663 P.2d 350, 352 (1983) (reversing a district court's order granting a pretrial habeas petition because sufficient probable cause existed to charge the defendant).

  2. Howell v. Frazier

    No. 83224 (Nev. Aug. 10, 2023)

    We conclude this contention lacks merit because the result of a hypothetical trial is irrelevant to the issue of whether Frazier demonstrated prejudice in this case. First, in resolving counsel's challenge to the probable-cause determination, the trial court concluded there was probable cause based on a forensic pathologist's testimony that there was a chance that Frazier's drug use caused the adverse pregnancy outcome. While that may have met the probable cause standard, see Sheriff v. Potter, 99 Nev. 389, 391, 663 P.2d 350, 352 (1983) ("Probable cause to support an information may be based on slight, even marginal evidence." (internal quotation marks omitted)),

  3. Bolden v. State

    137 Nev. Adv. Op. 28 (Nev. 2021)

    Slight, or even marginal, evidence can support a probable cause finding. Sheriff v. Potter, 99 Nev. 389, 391, 663 P.2d 350, 352(1983). If the justice court dismisses criminal charges for lack of probable cause, the district court may permit the State to file an information if the district court finds that the justice court committed egregious error.

  4. Bolden v. State

    137 Nev. Adv. Op. 28 (Nev. 2021)   Cited 2 times
    Approving probable cause finding

    Slight, or even marginal, evidence can support a probable cause finding. Sheriff v. Potter, 99 Nev. 389, 391, 663 P.2d 350, 352 (1983). If the justice court dismisses criminal charges for lack of probable cause, the district court may permit the State to file an information if the district court finds that the justice court committed egregious error.

  5. Sheriff v. Hughes

    665 P.2d 242 (Nev. 1983)   Cited 1 times

    Sheriff v. Miley, 99 Nev. 377, 663 P.2d 343 (1983). See also Sheriff v. Potter, 99 Nev. 389, 663 P.2d 350 (1983). An examination of the transcript reveals that the state produced sufficient evidence to establish probable cause to believe that respondents had engaged in the manufacture of a controlled substance under NRS 453.321 and NRS 453.091(1).