State v. Havas, 8309
| Decision Date | 30 September 1975 |
| Docket Number | No. 8309,8309 |
| Citation | 91 Nev. 611,540 P.2d 1060 |
| Parties | The STATE of Nevada, Appellant, v. Victor Rowland HAVAS, Respondent. |
| Court | Nevada Supreme Court |
Victor Rowland Havas, the respondent, was charged with rape. After a preliminary hearing, he was held to answer the charge in the district court. Thereafter, he petitioned that court for a writ of habeas corpus, which was granted. The State has appealed from the order granting the writ. The sole issue presented for our consideration is whether the record taken before the magistrate establishes 'probable cause to believe that an offense (rape) has been committed and that the defendant has committed it.' NRS 171.206. State v. Fuchs, 78 Nev. 63, 368 P.2d 869 (1962); Ervin v. Leypoldt, 76 Nev. 297, 352 P.2d 718 (1960); Raggio v. Bryan, 76 Nev. 1, 348 P.2d 156 (1960); Ex parte Liotard, 47 Nev. 169, 217 P. 960 (1923); In re Kelly, 28 Nev. 491, 83 P. 223 (1905).
After reading the transcript of the proceedings before the magistrate who saw and heard the witness, we conclude, as did the magistrate, that the record shows there was sufficient legal evidence presented at the preliminary hearing establishing probable cause to believe that a public offense, rape, had been committed and that the defendant had committed it. We, therefore, reverse the order of the district judge granting habeas, and we order the defendant to answer in the district court.
I can agree with the majority that, drawing all possible inferences in favor of the State, and rationalizing inconsistencies between the asserted victim's story and other evidence, it is possible to find 'probable cause' in the sense this court heretofore has recognized.
Weak as the case against respondent may be, still I have concluded one cannot declare the magistrate's determination erroneous, absent a redefinition of 'probable cause.'
The State appeals from an order of the district court granting a petition for a writ of habeas corpus presented by Victor Havas. Havas was charged with having committed the crime of forcible rape (NRS 200.363). Following a preliminary examination, he was ordered to stand trial in the district court. ...
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State v. Havas
...had failed to preserve exculpatory evidence. This case has been before this court twice on other matters. See State v. Havas, 91 Nev. 611, 540 P.2d 1060 (1975) and State v. Havas, No. 9321, Order Dismissing Appeal, filed December 30, The record discloses that the pants and undergarments of ......
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LaPena v. State
...majority do not question the foregoing authorities. We most recently recognized their force only three months ago in State v. Havas, 91 Nev. 611, 540 P.2d 1060 (1975), there invoking them against a defendant, and holding that both the district courts and this court are bound by magistrates'......
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Perkins v. Sheriff, Clark County, 8674
...while marginal, justified the magistrate's determination that there was probable cause to hold Perkins for trial. See State v. Havas, 91 Nev. 611, 540 P.2d 1060 (1975). Cf. Maupin v. Sheriff, 90 Nev. 99, 520 P.2d 237 (1974); Mathis v. State, 82 Nev. 402, 419 P.2d 775 (1966). We are not now ......
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Jones v. Sheriff, Clark County, 9786
...92 Nev. 74, 546 P.2d 228 (1976). Cf. Fitzpatrick v. State, 93 Nev. 21, 558 P.2d 630 (1977), and the cases cited in State v. Havas, 91 Nev. 611, 540 P.2d 1060 (1975). Accordingly, we ...