Summary
applying procedural default rule and requiring defendants to exhaust direct appeals if they want to proceed with habeas relief
Summary of this case from Bargas v. BurnsOpinion
No. 7578
February 26, 1975
Appeal from First Judicial District Court, Carson City; Frank B. Gregory, Judge.
Horace R. Goff, State Public Defender, and Michael R. Griffin, Deputy Public Defender, Carson City, for Appellant.
Robert List, Attorney General, and Robert A. Groves, Chief Deputy Attorney General, Carson City, for Respondent.
OPINION
We hold that this court's decision in Johnson v. Warden, 89 Nev. 476, 515 P.2d 63 (1973), applies to post-conviction applications for habeas corpus under NRS Chapter 34, as well as to petitions for post-conviction relief under NRS Chapter 177.
Accordingly, we affirm the district court's dismissal of appellant's petition for writ of habeas corpus, which alleged no reasons for omitting to raise, on direct appeal, appellant's current attack on proceedings certifying him for adult trial. See: Junior v. State, 89 Nev. 121, 507 P.2d 1037 (1973).