Kinsey v. Sheriff, Washoe Cnty., 487 P.2d 340 (Nev. 1971). · Go Syfert
Kinsey v. Sheriff, Washoe Cnty., 487 P.2d 340 (Nev. 1971). Cases Citing This Book View Copy Cite
83 citation events (21 in the last 25 years) across 2 distinct courts.
Strongest positive: Bush v. Wolfson (nvd, 2020-03-20)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 23 distinct citers.
discussed Cited as authority (rule) Bush v. Wolfson
D. Nev. · 2020 · confidence medium
Kinsey 14 15 v. Sherif, Washoe County, 487 P.2d 340, 341 (Nev. 1971). 16 Plaintiffs allege no facts indicating that the Las Vegas Justice Court that approved the arrest 17 warrant, the judge who presided over the grand jury proceedings, and the district court judge and 18 Nevada Court of Appeals judges who rejected Plaintiffs’ arguments regarding the grand jury’s 19 constitutional deficiencies, operated out of bad faith.
discussed Cited as authority (rule) State Vs. Rogers (Herbert)
Nev. · 2019 · confidence medium
This court must "determine whether all of the evidence received . . . establishes probable cause to believe that an offense has been committed and that the accused committed it." Kinsey v. Sheriff, Washoe Cty., 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971); see also NRS 172.155(1). lc, -38 The State relies on Maes v. State to argue that Rogers touching of his penis to S.O.'s closed lips constitutes sexual assault by fellatio. 94 Nev. 715 , 582 P.2d 793 (1978).
discussed Cited as authority (rule) State v. Jackson (Natasha)
Nev. · 2016 · confidence medium
In doing so, this court must "determine whether all of the evidence received . . . establishes probable cause to believe that an offense has been committed and that the accused committed it." Kinsey v. Sheriff, Washoe Cty., 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
cited Cited as authority (rule) Sharpe (Raymond) v. State
Nev. · 2014 · confidence medium
Dominion and control may be evidenced "by circumstantial evidence and reasonably drawn inferences." Kinsey v. Sheriff, Washoe Cnty., 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
examined Cited as authority (rule) State v. White (3×)
Nev. · 2014 · confidence medium
When reviewing a district court's grant of a pretrial petition for writ of habeas corpus, we must "determine whether all of the evidence received at the preliminary hearing. . . establishes probable cause to believe that an offense has been committed and that the accused committed it." Kinsey v. Sheriff, Washoe Cnty., 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Indico (Elinor) v. Dist. Ct. (State)
Nev. · 2014 · confidence medium
And, while "the State is not required to negate all inferences which might explain [an accused's] conduct," Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971), it is obligated to present to the grand jury any known evidence that "will explain away the charge." NRS 172.145(2).
examined Cited as authority (rule) Sheriff v. Burcham (3×) also: Cited "see"
Nev. · 2008 · confidence medium
Kinsey v. Sherijf, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971). 109 Nev. 1129, 1132 , 865 P.2d318, 319-20 (1993).
cited Cited as authority (rule) Schuster v. Eighth Judicial District Court
Nev. · 2007 · confidence medium
E.g., Sheriff v. Shade, 109 Nev. 826, 828-29 , 858 P.2d 840, 842 (1993); Sheriff v. Miley, 99 Nev. 377, 379, 663 P.2d 343, 344 (1983); Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Sheriff v. Steward
Nev. · 1993 · confidence medium
“To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense.” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971); see also Sheriff v. Milton, 109 Nev. 412 , 851 P.2d 417 (1993).
discussed Cited as authority (rule) Sheriff v. Shade (2×)
Nev. · 1993 · confidence medium
“To commit an accused for trial, the State is not required to negate, all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense.” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Sheriff v. Milton
Nev. · 1993 · confidence medium
“To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense.” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
cited Cited as authority (rule) Castellon v. Whitley
D. Nev. · 1990 · confidence medium
Kinsey v. Sheriff, Washoe County, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Sheriff v. Richardson
Nev. · 1987 · confidence medium
“To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense.” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Sheriff v. Crockett
Nev. · 1986 · confidence medium
“To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense.” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Sheriff, Washoe County v. Miley (2×)
Nev. · 1983 · confidence medium
"To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense." Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited as authority (rule) Sheriff, Clark County v. Fernandez
Nev. · 1981 · confidence medium
“To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense.” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971); see also Sheriff v. Hodes, supra; Johnson v. State, 82 Nev. 338 , 418 P.2d 495 (1966).
cited Cited as authority (rule) Hulse v. Sheriff
Nev. · 1972 · confidence medium
Johnson v. State, 82 Nev. 338 , 418 P.2d 495 (1966); Beasley v. Lamb, 79 Nev. 78 , 378 P.2d 524 (1963).” Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971).
discussed Cited "see" Sheriff, Clark County v. Simpson (2×)
Nev. · 1993 · signal: see · confidence high
See Kinsey v. Sheriff, 87 Nev. 361 , 487 P.2d 340 (1971).
discussed Cited "see" Sheriff v. Hodes (2×)
Nev. · 1980 · signal: see · confidence high
See Kinsey v. Sheriff, 87 Nev. 361 , 487 P.2d 340 (1971).
discussed Cited "see" Woodall v. Sheriff (2×)
Nev. · 1979 · signal: see · confidence high
See Kinsey v. Sheriff, 87 Nev. 361 , 487 P.2d 340 (1971).
discussed Cited "see" Woodall v. Sheriff (2×)
Nev. · 1979 · signal: see · confidence high
See Kinsey v. Sheriff, 87 Nev. 361 , 487 P.2d 340 (1971).
discussed Cited "see" Burton v. Sheriff (2×)
Nev. · 1977 · signal: see · confidence high
See Kinsey v. Sheriff, 87 Nev. 361 , 487 P.2d 340 (1971).
discussed Cited "see, e.g." Sheriff, Washoe County v. Middleton (2×)
Nev. · 1996 · signal: see also · confidence low
However, at the preliminary hearing stage, probable cause to bind a defendant over for trial “may be based on ‘slight,’ even ‘marginal’ evidence because it does not involve a determination of guilt or innocence of an accused.” Sheriff v. Hodes, 96 Nev. 184, 186 , 606 P.2d 178, 180 (1980) (citations omitted); see also Sheriff v. Milton, 109 Nev. 412, 414 , 851 P.2d 417, 418 (1993) (the state need only present sufficient evidence “‘to support a reasonable inference that the accused committed the offense’”) (quoting Kinsey v. Sheriff, 87 Nev. 361, 363 , 487 P.2d 340, 341 (1971…
THURMAN LEE KINSEY, Appellant,
v.
SHERIFF, WASHOE COUNTY, NEVADA, Respondent
6554.
Nevada Supreme Court.
Jul 13, 1971.
487 P.2d 340
Melvin Schaengold, of Reno, for Appellant., Robert List, Attorney General, of Carson City; Robert E. Rose, District Attorney, and Kathleen M. Wall, Deputy District Attorney, Washoe County, for Respondent.
Per Curiam.
Cited by 42 opinions  |  Published

[*362] OPINION

Per Curiam:

This appeal from an order of the Second Judicial District Court denying a pre-trial petition for a writ of habeas corpus challenges a grand jury indictment returned against the appellant on the grounds that insufficient evidence was presented to the grand jury to constitute probable cause to believe that a criminal offense had been committed and that the appellant committed it.

The evidence presented to the grand jury showed that the appellant rented a room in the Red Carpet Motor Lodge in Reno on September 22, 1970. On October 24, 1970, the manager of the motel locked the appellant’s room for nonpayment of rent, and he was given two days to settle his bill with the motel. On October 26, when the appellant had failed to pay the rental as required, the motel personnel entered the appellant’s locked room for the purpose of taking his personal effects to the basement for storage. They found in the top drawer of the dresser a bag containing a substance which was identified as marijuana. On this evidence, the appellant was indicted for possession of narcotics in violation of NRS 453.030.

[*363] On appeal from a denial of pre-trial habeas the sole function of this court is to determine whether all of the evidence received at the preliminary hearing, or by the grand jury, establishes probable cause to believe that an offense has been committed and that the accused committed it. State v. von Brincken, 86 Nev. 769, 476 P.2d 733 (1970); Lamb v. Holsten, 85 Nev. 566, 459 P.2d 771 (1969). To enable us to accomplish that function it is necessary that the transcript of the proceedings before the magistrate or the grand jury be made a part of the record. Shelby v. District Court, 82 Nev. 204, 414 P.2d 942 (1966). Further review of the record is not required, as probable cause or the lack of it will be disclosed by the transcript.

At a preliminary examination or in proceedings before a grand jury, the issue of guilt or innocence of the accused is not involved. Marcum v. Sheriff, 85 Nev. 175, 451 P.2d 845 (1969). The evidence need not be sufficient to support a conviction. Maskaly v. State, 85 Nev. 111, 450 P.2d 790 (1969). Nor must the State produce the quantum of proof required to establish the guilt of the accused beyond a reasonable doubt. Robertson v. Sheriff, 85 Nev. 681, 462 P.2d 528 (1969). To commit an accused for trial, the State is not required to negate all inferences which might explain his conduct, but only to present enough evidence to support a reasonable inference that the accused committed the offense. Johnson v. State, 82 Nev. 338, 418 P.2d 495 (1966); Beasley v. Lamb, 79 Nev. 78, 378 P.2d 524 (1963).

In order to hold a person charged with the possession of narcotics, it is necessary to show dominion and control by the accused over the narcotic substance and knowledge of its narcotic character, but those elements may be shown by circumstantial evidence and reasonably drawn inferences. Fairman v. Warden, 83 Nev. 332, 431 P.2d 660 (1967).

The case of State v. Haynes, 267 N.E.2d 787 (Ohio 1971), upon which the appellant relies so heavily, is inapposite. There the question of probable cause to hold for trial was not involved. The defendant had been convicted after a trial. On appeal it was contended that the evidence was not sufficient to support the conviction. The proof at trial showed that, although the premises where the narcotics were found were rented by[*364] the defendant, they had also been occupied by the defendant’s girl friend and three other persons for some time. Moreover, it was uncontradicted that the defendant had left the premises a week prior to the time the narcotics were found.

Here, a review of the transcript of the evidence presented to the grand jury shows the appellant to have been a registered guest at the motel. As such, he was the sole known occupant of the motel room. That occupancy continued for more than a month. Upon nonpayment of rent, the management locked the room. The testimony shows that no one else could have gained entrance. Two days after the appellant’s room was locked, marijuana was found in one of the dresser drawers inside the room. The legality of the entrance to the room by motel personnel is not in issue here.

Such evidence, and the inferences which reasonably may be drawn therefrom, constitutes probable cause to believe that the crime of possession of narcotics has been committed, and that the appellant committed it. Accordingly, the district court’s order denying habeas corpus is affirmed.