Summary
construing the language in NRS 34.370, the general provision governing all habeas corpus petitions, which is identical to the language contained in NRS 34.730
Summary of this case from Miles v. StateOpinion
No. 9468
February 16, 1977
Appeal from order granting pretrial petition for writ of habeas corpus, Eighth Judicial District Court, Clark County; Paul S. Goldman, J.
Robert List, Attorney General, Carson City; George E. Holt, District Attorney, and J. Michael McGroarty, Deputy District Attorney, Clark County, for Appellant.
William B. Terry, Las Vegas, for Respondent.
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.