Sheriff v. Scalio
This text of 616 P.2d 402 (Sheriff v. Scalio) 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
OPINION
Indicted for a felony, respondent filed a pretrial petition for a writ of habeas corpus. The petition was considered and granted by the district court, and the state has appealed.
We need not consider the merits, if any, of the appeal. Respondent’s habeas petition was not verified by oath or affirmation as clearly required by NRS 34.370(3). Therefore, the petition was not cognizable in the district court. Sheriff v. Arvey, 93 Nev. 72, 560 P.2d 153 (1977). Accordingly, we sua sponte reverse and instruct the district court to dismiss the habeas petition.
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Cite This Page — Counsel Stack
616 P.2d 402, 96 Nev. 776, 1980 Nev. LEXIS 700, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sheriff-v-scalio-nev-1980.