Connor Bodin

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Case Synopsis

Article 1, Section 7 of the Nevada Constitution withholds bail rights from defendants charged with murders punishable by life sentences when “the proof is evident and the presumption great.” The level of proof necessary to satisfy this standard is greater than that necessary to establish probable cause, but less than that necessary to prove beyond a reasonable doubt. In finding this standard met, a court may not rely on inference or conjecture, and the proffered evidence must prove all the elements of the charged offense. Here, the district court erred in denying Sewell’s bail, because the admissible evidence did not amount to evident proof and a great presumption.