Krause v. Fogliani

OPINION

By the Court, Thompson, J.:

This is an appeal from an order of the district court dismissing a post-conviction habeas corpus petition filed on behalf of Robert Bryan Pate who is serving a life sentence at the Nevada State Prison for kidnaping. The purpose of the habeas proceeding was to have an eviden-tiary hearing on the claim that federal constitutional protections were ignored in the kidnaping case. The hearing did not occur. The merits of the asserted claims were never reached. The lower court dismissed the petition, ruling that it did not allege facts which, if true, establish a…