Dromiack v. Director, Nevada Department of Prisons
This text of 634 P.2d 1197 (Dromiack v. Director, Nevada Department of Prisons) 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.
Opinion
[489]*489OPINION
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.
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Cite This Page — Counsel Stack
634 P.2d 1197, 97 Nev. 488, 1981 Nev. LEXIS 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dromiack-v-director-nevada-department-of-prisons-nev-1981.