Stewart v. Warden, Nevada State Prison

OPINION

This appeal is from an order which summarily dismissed a petition for habeas corpus [post-conviction] relief.

In dismissing the petition the district judge concluded, inter alia, our decision in Johnson v. Warden, 89 Nev. 476, 515 P.2d 63 (1973), precludes appellant from now litigating the claimed errors that could have been raised on direct appeal.

In Johnson we said: “. . . this court will consider as waived those issues raised in a post-conviction relief application which might properly have been raised on direct appeal, where no reasonable explanation is offered for petitioner’s…