97 Nev. 488 634 P.2d 1197

MICHAEL DROMIACK, Appellant, v. DIRECTOR, NEVADA DEPARTMENT OF PRISONS, Respondent.

No. 13020

October 22, 1981

634 P.2d 1197

Michael K. Powell, Carson City, for Appellant.

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

*489OPINION

Per Curiam:

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.

Dromiack v. Director, Nevada Department of Prisons
97 Nev. 488 634 P.2d 1197

Case Details

Name
Dromiack v. Director, Nevada Department of Prisons
Decision Date
Oct 22, 1981
Citations

97 Nev. 488

634 P.2d 1197

Jurisdiction
Nevada

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