Legal Opinion

Burriola (Anthony) v. Warden

Nevada Supreme Court

Decided September 18, 2013No. 62552Unpublished

1Opinion of the Court

and he was denied an administrative appeal. The district court granted the State's motion to dismiss the petition for failure to exhaust administrative remedies. We conclude that the district court erred in failing to consider the petition on its merits, 2 but we affirm because the district court reached the correct result in dismissing the petition. See Wyatt v. State, 86 Nev. 294, 298,

468 P.2d 338, 341

(1970). Appellant failed to demonstrate a violation of due process because he received: (1) advance written notice of the charges; (2) written statement of the fact finders of the evidence…

2Cases cited4 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Superintendent, Mass. Correctional Institution at Walpole v. HillSupreme Court of the United States · 1985
  3. Wyatt v. StateNevada Supreme Court · 1970
  4. Bowen v. Warden of Nevada State PrisonNevada Supreme Court · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API