Sheriff, Clark County v. McKinney

OPINION

Ordered to stand trial for robbery and the use of a deadly weapon in the commission of a crime (NRS 200.380; NRS 193.165), William McKinney filed a pretrial petition for a writ of habeas corpus, which was denied by the district court on August 18, 1976. Pursuant to NRS 34.380(3), McKinney timely filed a notice of appeal; however, the record was not received by the supreme court until December 2, 1976.

McKinney filed a second petition for habeas relief on February 8, 1977, contending the delay which occurred between the time he filed his original notice of appeal and the time the record…