Nevada Supreme Court, 1977

Sheriff, Clark County v. Toston

Sheriff, Clark County v. Toston
Nevada Supreme Court · Decided July 13, 1977 · Per Curiam
566 P.2d 411; 93 Nev. 394; 1977 Nev. LEXIS 575 (Pacific Reporter, Second Series)

Sheriff, Clark County v. Toston

Opinion

OPINION

Per Curiam:

On May 23, 1977, Louise Toston filed a pretrial petition for a writ of habeas corpus.

The petition did not meet the requirements the legislature imposed on habeas petitioners when it enacted Chapter 545 of the 1977 Nevada Statutes which became effective May 14, *395 1977. Nevertheless, the district judge considered and granted the petition and the state has appealed.

We do not reach the merit, if any, of the appeal because the habeas petition was not cognizable in the district court. Accordingly, we reverse. This proceeding is remanded with instructions to dismiss the petition.

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