Eisentrager v. State Board of Parole Commissioners

OPINION

By the Court,

Batjer, J.:

The petitioner is incarcerated in the Nevada State Prison for a term of not less than 10 years nor more than life after having been found guilty by a jury of the crime of murder in the second degree. He has recently been advised by the authorities that he is ineligible for parole because NRS 213.110 1 denies parole to anyone who has been previously convicted of more than three felonies.

In support of his petition he contends that the State Board of Parole Commissioners exceeded its jurisdiction when they denied him the opportunity to apply for parole, and because…