Piland v. Clark County Juvenile Court Services
Nevada Supreme Court
85 Nev. 489, 457 P.2d 523 (1969)
- Written by Meredith Hamilton Alley, JD
Facts
Seventeen-year-old Robert Piland (defendant) was indicted for robbery in criminal court in May 1967 and tried one month later. Piland was found guilty and sentenced to imprisonment in the state penitentiary, and he began serving his sentence. Piland then appealed, arguing that the criminal court had not certified him as an adult before trying him, as required by law. The state conceded the error, and in May 1968, the appellate court reversed and remanded the matter. In October 1968, while Piland was still the custody of the state, he filed a petition for a writ of habeas corpus, asking the court to order his release from custody. The district court issued the writ without prejudice to the state, meaning that the state could file a new petition against Piland in juvenile court, which it did. In December 1968, Piland filed a second petition for a writ of habeas corpus, arguing that the state had violated his right to a speedy trial. The district court denied the writ, and Piland appealed.
Rule of Law
Issue
Holding and Reasoning (Mowbray, J.)
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