Pough, Sr. v. Crank, Jr. ( 2014 )


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  •                 statement and the record on appeal, we conclude that, regardless of any
    conflicting evidence, the district court did not clearly err in finding that
    probable cause existed to grant the petition based on respondent's
    declaration stating under penalty of perjury that he had wrapped his arm
    around appellant's face and later noticed a bite mark and bleeding
    immediately after appellant was subdued.        See Han,nam v. Brown, 
    114 Nev. 350
    , 358, 
    956 P.2d 794
    , 799 (1998) (reviewing the district court's
    finding of probable cause in a will contest action under a clearly erroneous
    standard); cf. Sheriff, Clark Cnty. v. Badillo, 
    95 Nev. 593
    , 595-95, 
    600 P.2d 221
    , 222 (1979) (recognizing, in the context of whether there was sufficient
    probable cause to find that an individual had committed a criminal
    offense, that a finding of probable cause "may be based on slight evidence,"
    and that conflicting testimony will not undermine a finding of probable
    cause).
    Based on the above discussion, we
    ORDER the judgment of the district court AFFIRMED.'
    Ableu tize            '   J.
    Pickering
    J.
    tunic                J.
    'Because respondent's declaration was sufficient to support the
    finding of probable cause, we conclude that our review of the transcript
    requested by appellant is unnecessary. Further, we have considered
    appellant's July 18, 2013, letter regarding the appeal statement, August
    30, 2013, filing, September 3 and 23, 2013, memoranda to the court,
    March 10, 2014, communication regarding a petition for a writ of
    mandamus, and May 29, 2014, communication to this court, and we deny
    SUPREME COURT   the relief sought by these documents.
    OF
    NEVADA
    (0) I-947A
    cc:   Hon. Elissa F. Cadish, District Judge
    Jerry Doran Pough, Sr.
    Eglet Wall Christiansen
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    (0) I947A
    

Document Info

Docket Number: 62336

Filed Date: 7/23/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014