Wheby v. Warden

OPINION

Earl Melvin Wheby, Jr., entered a plea of guilty to the charge of attempted murder and, on August 28, 1975, was sentenced to an eight (8) year term in the Nevada State Prison. On September 4, 1975, he timely filed an in pro per notice of appeal. The appeal was voluntarily dismissed November 26, 1975, pursuant to a stipulation of counsel, which was personally signed and approved by Wheby.

On October 22, 1975, while the direct appeal was pending, Wheby filed an in pro per petition for post-conviction relief in the district court, contending inter alia, he should be permitted to withdraw…