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GARNICK v. MILLER

No. 4869.

403 P.2d 850 (1965)

Billie J. GARNICK, Petitioner, v. Francis E. MILLER, Chief Parole and Probation Officer, Department of Parole and Probation, and Willard Weaver, Assistant Parole and Probation Officer, Carson City, Nevada, Respondents.

Supreme Court of Nevada

July 7, 1965

Attorney(s) appearing for the Case

Stanley H. Brown, Marshall A. Bouvier, Reno, for petitioner.

Harvey Dickerson, Atty. Gen., C.B. Tapscott, Deputy Atty. Gen. John W. Diehl, Special Deputy Dist. Atty., Fallon, for respondents.

THOMPSON, Justice.

By an original habeas corpus application to this court Billie Garnick seeks her freedom, claiming that she was unconstitutionally denied the assistance of counsel when she entered a plea of guilty to the felony of passing a bad check. This claim and the preliminary question of the availability of habeas corpus to one on probation are the issues we must decide. We hold for the petitioner in each instance, and grant the writ.

Mrs. Garnick...

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