Perera v. Miller

SEARS, Chief Justice.

The appellant, Emily Perera, is the defendant in a pending murder case in Douglas County. She filed this pre-trial habeas action, contending that she was receiving ineffective assistance of trial counsel and that her constitutional right to a speedy trial had been violated. However, because Perera may raise these issues in the pending criminal action, she may not raise them pursuant to a petition for writ of habeas corpus. For this reason, the habeas court did not err in dismissing Perera’s petition without an evidentiary hearing.

Judgment affirmed.

All the Justices concur.