Miles v. State

OPINION

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 Miles was convicted, pursuant to a guilty plea, of one count of trafficking in a controlled substance. The district court sentenced him to serve a prison term of 10 to 25 years. Miles…