Mott v. Warden, Nevada State Prison

OPINION

In 1972, Melburn Delos Mott after pleading guilty to a charge of burglary (a felony under NRS 205.060) and possession of burglary tools (a gross misdemeanor under NRS 205.-080), was sentenced to a term in the Nevada State Prison. *594Thereafter, in August 1975, he filed an in pro per petition in the district court seeking habeas corpus. The thrust of the petition challenged the constitutional validity of the burglary statute.

The district court neither processed the petition nor ordered a return thereto; and, without hearing or appointment of counsel, summarily dismissed the petition. An in…