Sheriff v. Scalio, 616 P.2d 402 (Nev. 1980). · Go Syfert
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Sheriff v. Scalio, 616 P.2d 402 (Nev. 1980). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Miles v. State (nev, 2004-06-10)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Miles v. State
Nev. · 2004 · confidence medium
Moreover, where, as here, the State did not move to dismiss the petition until: (1) after the 1-year period for filing a timely petition under NRS 34.726 had expired; and (2) counsel had been appointed to represent the petitioner and counsel had filed a supplement to the petition, we conclude the district court should allow the petitioner to amend the petition. 16 Accordingly, we reverse the judgment of the district court and remand this matter to the district court for proceedings consistent with this opinion. 17 Miles v. State, Docket No. 38046 (Order of Affirmance, December 17, 2001). 96 Ne…
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SHERIFF, CLARK COUNTY, NEVADA
v.
LAWRENCE LUCIAN SCALIO
No. 12832.
Nevada Supreme Court.
Sep 18, 1980.
616 P.2d 402
Richard H. Bryan, Attorney General, Carson City; Robert J. Miller, District Attorney, and Gregory C. Diamond, Deputy District Attorney, Clark County, for Appellant., Richard T. Bourgault, Las Vegas, for Respondent.
Cited by 2 opinions  |  Published

OPINION

Per Curiam:

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.