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MILES v. STATE

No. 42045.

91 P.3d 588 (2004)

Alfred Earl MILES, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

June 10, 2004.

Attorney(s) appearing for the Case

Roger R. Harada, Reno, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Joseph R. Plater III, Deputy District Attorney, Washoe County, for Respondent.

Before SHEARING, C.J., ROSE and MAUPIN, JJ.

OPINION

PER CURIAM.

In this appeal, we consider whether a district court has jurisdiction to permit an inadequately verified post-conviction petition for a writ of habeas corpus to be cured by subsequent amendment. We conclude that such a defect is not jurisdictional and, therefore, the district court has discretion to permit a petitioner to amend the petition to cure an inadequate verification.

FACTS

Appellant Alfred Earl...

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