SHERIFF, CLARK CTY. v. Arvey
This text of 560 P.2d 153 (SHERIFF, CLARK CTY. v. Arvey) 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.
Opinion
*73 OPINION
Indicted for a gross misdemeanor, Lawrence Arvey filed a pretrial petition for a writ of habeas corpus. The district court considered and granted the petition and the state has appealed. We do not consider the merit, if any, of the appeal.
Arvey’s habeas petition was not “verified by the oath or affirmation of the party making the application,” as required by Nev. Rev. Stat. § 34.370(3). Therefore, the petition was not cognizable in the district court; accordingly, we, sua sponte, reverse and instruct the lower court to dismiss the habeas petition.
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Cite This Page — Counsel Stack
560 P.2d 153, 93 Nev. 72, 1977 Nev. LEXIS 475, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheriff-clark-cty-v-arvey-nev-1977.