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SHERIFF, CLARK COUNTY v. MARSHALL

No. 12471.

608 P.2d 1101 (1980)

SHERIFF, CLARK COUNTY, Nevada, Appellant, v. Lusby MARSHALL, Jr., Respondent.

Supreme Court of Nevada.

March 28, 1980.

Attorney(s) appearing for the Case

Richard H. Bryan, Atty. Gen., Carson City, Robert J. Miller, Dist. Atty., and Gregory C. Diamond, Deputy Dist. Atty., Las Vegas, for appellant.

George Foley, Las Vegas, for respondent.

OPINION

PER CURIAM:

On December 26, 1979, respondent filed a pretrial petition for a writ of habeas corpus. The petition challenged probable cause. The petition did not contain the waiver and consents required by NRS 34.375(1)(b). Such a petition may not be considered. Sheriff v. Chumphol, 95 Nev. 818, 603 P.2d 690 (1979); NRS 34.375(1); 34.380(4)(a). Nevertheless, the district court granted the petition and the state...

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