Palmer v. Sheriff
Palmer v. Sheriff
Opinion of the Court
OPINION
An information, filed in the district court on September 9, 1977, charged Francis Clayton Palmer, and others, with aiding and abetting in a burglary. The court minutes reflect that on that date the district judge scheduled Palmer’s arraignment for “Tuesday, October 4, 1977, at the hour of 2:30 p.m.”
NRS 34.375(1) (a) requires that a pretrial petition for a writ of habeas corpus be “filed within 21 days after the first appearance of the accused in the district court; . . .” [Emphasis added.]
We have previously held that an “arraignment refers to the initial appearance of a defendant in the district court after an .. . information has been filed.'” Pinana v. State, 76 Nev. 274, 286, 352 P.2d 824, 831 (1960). [Emphasis added.] Thus, the phrase “first appearance of the accused in the district court” as used in NRS 34.375(1) (a), must be interpreted to be the appearance of the accused for arraignment.
Accordingly, we reverse the district court’s order and instruct that court to consider and resolve the merit of Palmer’s habeas petition.
Reference
- Full Case Name
- FRANCIS CLAYTON PALMER v. SHERIFF, WHITE PINE COUNTY, NEVADA
- Cited By
- 1 case
- Status
- Published