Sheriff v. Menendez

OPINION

Respondent was arrested for alleged drug-related offenses on February 23, 1981. A preliminary hearing was scheduled immediately, but, as a result of numerous continuances, no preliminary hearing was ever held.

On February 11, 1982, respondent was indicted on four counts by a grand jury. Respondent subsequently sought and obtained in district court a permanent writ of habeas corpus and a dismissal of the indictment. This appeal followed.

Respondent’s principal contention in support of his petition to the district court was that prior to obtaining the indictment against him, the state had…