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93 Nev. 551

571 P.2d 107

Hardison v. State

Nevada Supreme Court

Decided November 16, 1977

Nevada Supreme Court · decided 1977-11-16

Cited by 4 later decisions — most recently May 1985

2 federal appellate · 2 state decisions

Applies NV 178 § 178.556 · NV 205 § 205.275

Relies on Sheriff, Clark County v. McKinney · Maiorca v. Sheriff, Clark County

Good law ✅— No negative treatment on recordhow we know

Decided 1977-11-16

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¶1 OPINION

Per Curiam:

¶2 At the conclusion of a bench trial Michael Hardison was found guilty of the felonious possession of stolen property (NRS 205.275). After the district judge imposed a five (5) year *552 sentence, Hardison filed this appeal wherein his only claim of reversible error is that he was not brought to trial within the sixty (60) day period prescribed by NRS 178.556. The claim is without merit.

¶3 Although there was a period of 144 days between the date Hardison was arraigned and the date he was tried, the delay was caused by Hardison’s voluntary actions of pursuing (1) a pretrial petition for a writ of habeas corpus; (2) an appeal from the order denying that relief; and, (3) other dilatory motions.

¶4 We have consistently held that when, as here, an accused causes the delay in being brought to trial within sixty (60) days that “the State cannot be charged with responsibility for the delay, . . .” Maiorca v. Sheriff, 87 Nev. 63, 65, 482 P.2d 312, 313 (1971). Cf. Sheriff v. McKinney, 93 Nev. 313, 565 P.2d 649 (1977), and cases cited therein. Accordingly, we affirm.

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