Carr v. State

Nevada Supreme Court

Carr v. State

649 P.2d 1357, 98 Nev. 363, 1982 Nev. LEXIS 473

CourtNevada Supreme Court

DecidedAugust 27, 1982

DocketNo. 13503

StatusPublished

This text of 649 P.2d 1357 (Carr v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Carr v. State, 649 P.2d 1357, 98 Nev. 363, 1982 Nev. LEXIS 473 (Neb. 1982).

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Opinion

[364]*364OPINION

Per Curiam:

This is an appeal from an order denying appellant’s petition for post-conviction relief. NRS 177.315 et seq. The only issue on appeal is whether the case of Carter v. Kentucky, 450 U.S. 288 (1981), should be given full retroactive application to appellant’s conviction.

In Franklin v. State, 98 Nev. 266, 646 P.2d 543 (1982), we held that the Carter decision warrants the same retroactive effect given the analogous rule of Griffin v. California, 380 U.S. 609 (1965). As we noted in Franklin, the Supreme Court has determined that Griffin did not retroactively apply to cases in which the judgment was final on the date of the Griffin decision. See Tehan v. Shott, 382 U.S. 406 (1966). Accordingly, we decline to give Carter full retroactive effect to appellant’s final judgment of conviction. We find no error in the district court’s order denying post-conviction relief.

Affirmed.

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[364]*364OPINION

Per Curiam:

This is an appeal from an order denying appellant’s petition for post-conviction relief. NRS 177.315 et seq. The only issue on appeal is whether the case of Carter v. Kentucky, 450 U.S. 288 (1981), should be given full retroactive application to appellant’s conviction.

In Franklin v. State, 98 Nev. 266, 646 P.2d 543 (1982), we held that the Carter decision warrants the same retroactive effect given the analogous rule of Griffin v. California, 380 U.S. 609 (1965). As we noted in Franklin, the Supreme Court has determined that Griffin did not retroactively apply to cases in which the judgment was final on the date of the Griffin decision. See Tehan v. Shott, 382 U.S. 406 (1966). Accordingly, we decline to give Carter full retroactive effect to appellant’s final judgment of conviction. We find no error in the district court’s order denying post-conviction relief.

Affirmed.

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649 P.2d 1357, 98 Nev. 363, 1982 Nev. LEXIS 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carr-v-state-nev-1982.

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