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Dromiack v. Director, Nevada Department of Prisons

Supreme Court of Nevada
Oct 22, 1981
634 P.2d 1197 (Nev. 1981)

Opinion

No. 13020

October 22, 1981

Appeal from First Judicial District Court, Carson City; Frank B. Gregory, Senior Judge.

Michael K. Powell, Carson City, for Appellant.

Richard H. Bryan, Attorney General, and Thomas P. Wright, Deputy Attorney General, Carson City, for Respondent.


OPINION


In Dromiack v. Warden, 96 Nev. 269, 607 P.2d 1145 (1980), this court reversed an order of the district court denying appellant's petition for a writ of habeas corpus. We held that appellant's petition sufficiently alleged good cause for failure to raise in any previous proceeding the issues he asserted in the present petition. Cf. Junior v. Warden, 91 Nev. 111, 532 P.2d 1037 (1975). We remanded for an evidentiary hearing on the merits of the petition. On remand the district court denied appellant's petition without an evidentiary hearing. The state acknowledges that no evidentiary hearing was held and that the district court did not comply with the mandate of our previous opinion in this case. Accordingly, we reverse the order of the district court, and we remand this case for an evidentiary hearing on the merits of appellant's claims.


Summaries of

Dromiack v. Director, Nevada Department of Prisons

Supreme Court of Nevada
Oct 22, 1981
634 P.2d 1197 (Nev. 1981)
Case details for

Dromiack v. Director, Nevada Department of Prisons

Case Details

Full title:MICHAEL DROMIACK, APPELLANT, v. DIRECTOR, NEVADA DEPARTMENT OF PRISONS…

Court:Supreme Court of Nevada

Date published: Oct 22, 1981

Citations

634 P.2d 1197 (Nev. 1981)
634 P.2d 1197

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