Hagenios v. Warden, Nevada State Prison

Gunderson, C. J., with whom Batjer, J., agrees,

dissenting:

We respectfully suggest that affirming the district court in this instance can achieve nothing but occasion the State of Nevada additional cost and delay, in federal court proceedings that ultimately will result in an evidentiary hearing being ordered.

In 1957, upon a guilty plea to an “open” charge of murder, appellant was convicted of first degree murder, and sentenced to life imprisonment with possibility of parole. He did not appeal the conviction or sentence.

In 1973, appellant petitioned for post-conviction relief, seeking to…