Legal Opinion

Klein v. Warden, Ely State Prison

Nevada Supreme Court

Decided April 16, 2002No. 32960PublishedCited by 6 opinions

1Opinion of the Court

*307OPINION

2Per curiam

This is a proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus. We hold that: (1) the statutory appeal period in post-conviction habeas corpus proceedings is not subject to the tolling provisions of NRAP 4(a)(2); (2) although the time to file the notice of appeal in this instance was not tolled under NRAP 4(a)(2), appellant Nolan Edward Klein’s notice of appeal was nevertheless timely filed because Klein was not properly served with notice of entry of the district court’s decision denying his petition; (3) Klein failed…

3Cases cited19 opinions

  1. United States v. BagleySupreme Court of the United States · 1985
  2. United States v. AgursSupreme Court of the United States · 1976
  3. Pellegrini v. StateNevada Supreme Court · 2001
  4. Daniels v. StateNevada Supreme Court · 1998
  5. Uniroyal Goodrich Tire Co. v. MercerNevada Supreme Court · 1995

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4Cited by6 opinions

  1. Steven W. Collier v. Bob BayerCourt of Appeals for the Ninth Circuit · 2005
  2. Agavo (Reynaldo) v. StateNevada Supreme Court · 2013
  3. Collier v. BayerCourt of Appeals for the Ninth Circuit · 2005
  4. Robbins (Daniel) v. StateNevada Supreme Court · 2014
  5. Robbins v. HowellDistrict Court, D. Nevada · 2023

1 more not listed; retrieve them via the Exa API.

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