Sheriff v. Hamilton
Sheriff v. Hamilton
Opinion of the Court
OPINION
Respondent Hamilton was charged, by criminal complaint, with the crime of burglary. Following a preliminary hearing, Hamilton was held to answer as charged, and an information was filed against him. Thereafter, he successfully petitioned for a writ of habeas corpus. The state has appealed.
Leslie Hendricks, Hamilton’s alleged accomplice in the burglary, was one of the state’s witnesses at the preliminary hearing.
The only issue presented here is whether the testimony of
In granting Hamilton habeas relief, the district court apparently concluded that Hendricks’ testimony was not sufficiently corroborated.
We conclude that the district court committed substantial error in granting the habeas petition. Cf. Sheriff v. Provenza, 97 Nev. 346, 630 P.2d 265 (1981) (supreme court will not overturn granting of pretrial habeas petition for lack of probable cause absent showing of substantial error). Accordingly, we hereby reverse the order granting Hamilton’s petition for a writ of habeas corpus.
The state may appeal from an order granting a pretrial petition for a writ of habeas corpus. NRS 34.380(4).
We note that the state fully performed its plea bargain with Hendricks prior to her testimony at the preliminary hearing.
The district court focused on the fact that no one had seen Hamilton enter or leave room 1418 and that the state did not specifically establish the existence of the television set in room 1418 prior to Hamilton’s renting of that room.
Reference
- Full Case Name
- SHERIFF, CLARK COUNTY, NEVADA v. KENNETH WESLEY HAMILTON
- Status
- Published