Oldfield (Alastair) v. Dist. Ct. (State)

IN THE SUPREME COURT OF THE STATE OF NEVADA

ALASTAIR IAN OLDFIELD, No. 74947 Petitioner, vs.

THE EIGHTH JUDICIAL DISTRICT

COURT OF THE STATE OF NEVADA,

IN AND FOR THE COUNTY OF CLARK; FILE AND THE HONORABLE KENNETH C.

CORY, DISTRICT JUDGE, MAR 1 5 2018 Respondents, BROWN CUIrelPENCOURT and

DEPUTY jcs, THE STATE OF NEVADA,

Real Party in Interest.

ORDER DENYING PETITION This is a petition for a writ of mandamus, or alternatively, a writ of prohibition challenging the district court's decision to deny a pretrial petition for a writ of habeas corpus. Petitioner argues that the justice court and the district court erroneously applied the statutory presumption set forth in NRS 205.132(1) (intent to defraud presumption). We decline to reach the issue regarding the statutory presumption because the documents before this court do not support petitioner's assertion that the justice court

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- relied upon the statutory presumption in finding probable cause.' NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330. Accordingly, we ORDER the petition DENIED.

, C.J Douglas

Cherry 1144 41;44-0 0 J. Stiglich cc: Hon. Kenneth C. Cory, District Judge

Wright Stanish & Winckler

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

1 The district court's reliance upon the statutory presumption in denying the pretrial habeas petition does not affect the probable cause determination made by the justice court.

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