Supreme Court reinstates petition in drug case

The Nevada Supreme Court has ruled a man can't be refused legal review of his case because he failed to sign his appeal.

Alfred Earl Miles challenge his conviction on drug-trafficking charges.

He was appointed an attorney, documents were filed by both sides and a hearing scheduled.

But then the Washoe District Attorney's Office moved to dismiss his appeal, saying the petition was not properly verified because Miles didn't sign it.

Miles testified the inmate law clerk who prepared the petition signed it but that any problem was cured when his appointed counsel filed a properly verified petition.

Washoe District Judge Jim Hardesty agreed with the District Attorney's Office and ruled the petition defective, dismissing it.

The high court panel of Miriam Shearing, Bob Rose and Bill Maupin disagreed, saying statute requires "only that a petitioner must substantially comply with the instructions included in the form petition."

"Once the court acquires jurisdiction by the timely filing of the petition for the writ, any defects in the petition may be cured by amendment," the opinion states.

The justices also pointed out that the District Attorney's Office didn't move to dismiss until after the one-year deadline for filing a petition expired. And they agreed Miles' attorney had cured the problem by filing a supplement to the petition.

"We conclude the district court should allow the petitioner to amend the petition," the opinion concludes.

That doesn't mean Miles will win a reversal of his conviction. But it does give him the chance to try prove he should get a new trial.

Contact Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.