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How long does it take to get a response to a PETITION FOR WRIT OF HABEAS CORPUS (POST CONVICTION)

Reno, NV |

My husband had two cases pending and in 2010 was sentenced for one, he got a 1-3 and later in 2011 was sentenced for the second one and got a 2-5. The judge ran the cases concurrent and gave him credit time served starting from 05/19/2009. When the Judgment of convictions was sent to him and the prison for some reason a whole year was missing so he filled a motion and was assigned a public defender. On 12/19/2011 the PETITION FOR WRIT OF HABEAS CORPUS (POST CONVICTION) was filled and now I want to know how long it takes to get an answer from the court. Case is out of Reno NV, Washoe county

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Attorney answers 1


First an answer from the State will be filed, which they have approximately 30 days to do. Then your husband will have a chance to respond to any new issues from the petition, but nothing else. Then the judge will consider both sides, possibly schedule a court date, or he will simply make the decision. Depending on how backed up the court is will tell you how long the judge will take to decide.

Best of luck,

Shannon K. McDonald