From Casetext: Smarter Legal Research

Sheriff v. Chumphol

Supreme Court of Nevada
Dec 11, 1979
603 P.2d 690 (Nev. 1979)

Summary

holding pretrial petitions not in compliance with statutory requirements are "not cognizable"

Summary of this case from Williams v. State

Opinion

No. 12302

December 11, 1979

Appeal from Second Judicial District Court, Washoe County; William N. Forman, Judge.

Richard H. Bryan, Attorney General, Carson City; Calvin R.X. Dunlap, District Attorney, and William A.S. Magrath, II, Deputy District Attorney, Washoe County, for Appellant.

Terry A. Friedman, Reno, for Respondent.


OPINION


On September 25, 1979, respondent filed a pretrial petition for a writ of habeas corpus. The petition did not contain the consent required by NRS 34.375(1)(b)(3). Such a petition may not be considered. NRS 34.375(1); 34.380(4)(a). In addition, the petition was not verified as required by NRS 34.370(3). An unverified petition for a writ of habeas corpus is not cognizable. Sheriff v. Arvey, 93 Nev. 72, 560 P.2d 153 (1977). Nevertheless, the district court granted the petition, and the state has appealed.

We do not reach the merits of the appeal. The habeas petition was not cognizable in the district court for both of the reasons stated above. Accordingly, we reverse. This proceeding is remanded to the district court with instructions to dismiss the petition. See Sheriff v. Toston, 93 Nev. 394, 566 P.2d 411 (1977).


Summaries of

Sheriff v. Chumphol

Supreme Court of Nevada
Dec 11, 1979
603 P.2d 690 (Nev. 1979)

holding pretrial petitions not in compliance with statutory requirements are "not cognizable"

Summary of this case from Williams v. State
Case details for

Sheriff v. Chumphol

Case Details

Full title:SHERIFF OF WASHOE COUNTY, NEVADA, APPELLANT, v. POOLSAWAS CHUMPHOL…

Court:Supreme Court of Nevada

Date published: Dec 11, 1979

Citations

603 P.2d 690 (Nev. 1979)
603 P.2d 690

Citing Cases

Williams v. State

And because Williams's filing was made several weeks after the deadline to petition for such relief under NRS…

Sheriff v. Marshall

The petition did not contain the waiver and consents required by NRS 34.375(1)(b). Such a petition may not be…