Chauncey v. Warden

Nevada Supreme Court

Chauncey v. Warden

505 P.2d 292, 89 Nev. 24, 1973 Nev. LEXIS 408

CourtNevada Supreme Court

DecidedJanuary 18, 1973

DocketNo. 6899

StatusPublished

This text of 505 P.2d 292 (Chauncey v. Warden) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Chauncey v. Warden, 505 P.2d 292, 89 Nev. 24, 1973 Nev. LEXIS 408 (Neb. 1973).

Pincite

Opinion

OPINION

Per Curiam:

Convicted of first degree burglary in the Second Judicial District Court in 1962, Appellant Edward Chauncey, presently an inmate of the state prison, petitioned the First Judicial District Court for post-conviction habeas corpus relief. Upon the State’s motion, that court dismissed the petition, ruling that under NRS 177.315 a petition for post-conviction relief could only be brought in the district court wherein the defendant was convicted.

In Marshall v. Warden, 83 Nev. 442, 445 (1967), we held that notwithstanding the 1967 Post-Conviction Act (NRS 177.315) which gave post-conviction jurisdiction to the convicting district, traditional habeas corpus brought in the district court wherein the petitioner is incarcerated is still an available remedy.

Reversed.

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