OLDFIELD v. The State of Nevada, Real Party in Interest. (2018)

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 relied upon the statutory presumption in finding probable cause.¹ NRS 34.160; NRS 34.170; NRS 34.320; NRS 34.330. Accordingly, we

ORDER the petition DENIED.

FOOTNOTES

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.