Sheriff v. Myles

OPINION

Respondent Myles was charged by information with one count of robbery and one count of conspiracy. He filed a petition for writ of habeas corpus contending that he was denied his Sixth Amendment right to effective assistance of counsel at his preliminary hearing as a result of his counsel’s failure to object to an allegedly erroneous continuance of that hearing. The trial court granted the petition and the sheriff has appealed. We reverse.

A criminal complaint was filed against Myles on November 10, 1981. On November 23, 1981, the date scheduled for the preliminary hearing, the state…