Messmore v. Fogliani

OPINION

By the Court,

Thompson, J.:

This is an original proceeding for a writ of habeas corpus. A jury convicted the petitioner of robbery. His request for release from prison rests upon an asserted violation of his Sixth Amendment rights. The remedy is appropriate. Dean v. Fogliani, 81 Nev. 541, 407 P.2d 580 (1965); Garnick v. Miller, 81 Nev. 372, 403 P.2d 850 (1965). The statement of the victim of the robbery given at the preliminary hearing, when petitioner was without counsel, was received in evidence during the trial as part of the state’s case in chief. Thus, petitioner was denied any…