Legal Opinion

State v. Eighth Judicial District Court

Nevada Supreme Court

Decided June 9, 2005No. 44108PublishedCited by 69 opinions

1Opinion of the Court

*227OPINION

2Per curiam

This is an original petition by the State for a writ of prohibition or mandamus. The underlying proceeding in the district court involves an untimely and successive post-conviction habeas petition filed by David Robert Riker, the real party in interest here. The State contends that the claims raised in Riker’s petition are procedurally barred and the district court abused its discretion or exceeded its jurisdiction in ordering an evidentiary hearing on the merits of the claims. The State seeks a writ ordering the district court to vacate its order and to dismiss Riker’s habeas petition…

3Cases cited35 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Ring v. ArizonaSupreme Court of the United States · 2002
  3. Tollett v. HendersonSupreme Court of the United States · 1973
  4. Round Hill General Improvement District v. NewmanNevada Supreme Court · 1981
  5. Kelly Koerner v. George A. GrigasCourt of Appeals for the Ninth Circuit · 2003

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4Cited by69 opinions

  1. D.R. Horton, Inc. v. Eighth Judicial District CourtNevada Supreme Court · 2007
  2. Cary Williams v. Timothy FilsonCourt of Appeals for the Ninth Circuit · 2018
  3. State v. HueblerNevada Supreme Court · 2012
  4. Rippo v. StateNevada Supreme Court · 2018
  5. Bennett v. Eighth Judicial District Court of Nevada Ex Rel. County of ClarkNevada Supreme Court · 2005

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