Legal Opinion

Vargo v. Warden, Nevada State Prison

Nevada Supreme Court

Decided July 26, 1978No. 10975PublishedCited by 4 opinions

1Opinion of the Court

OPINION

2Per curiam

In November 1977, this court affirmed appellant’s murder conviction. Vargo v. State, 93 Nev. 554, 570 P.2d 1142 (1977). Thereafter, appellant timely filed an in pro per petition for post-conviction relief in the Eighth Judicial District Court.

The petition alleged that Vargo made a “verbal request” that on the appeal counsel present the several issues that are now raised for the first time. He argues that counsel’s failure to do so constitutes a showing of the “good cause . . . for the failure to present such claims” on his direct appeal, that is required by NRS 177.375(2).

Even though…

3Cases cited4 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Smith v. YeagerSupreme Court of the United States · 1968
  3. Stewart v. Warden, Nevada State PrisonNevada Supreme Court · 1976
  4. Vargo v. StateNevada Supreme Court · 1977

4Cited by4 opinions

  1. Phelps v. Director, Nevada Department of PrisonsNevada Supreme Court · 1988
  2. Krewson v. Warden, Nevada State PrisonNevada Supreme Court · 1980
  3. Dromiack v. Warden, Nevada State PrisonNevada Supreme Court · 1980
  4. Bargas v. BurnsCourt of Appeals for the Ninth Circuit · 1999

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