SHERIFF, CLARK COUNTY, NEVADA, Appellant, v. LAWRENCE LUCIAN SCALIO, Respondent
Sheriff v. Scalio
SHERIFF, CLARK COUNTY, NEVADA, Appellant, v. LAWRENCE LUCIAN SCALIO, Respondent.
SHERIFF, CLARK COUNTY, NEVADA, Appellant, v. LAWRENCE LUCIAN SCALIO, Respondent.
No. 12832
September 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.
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.