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Mann v. State

Citations

  • 46 P.3d 1228
  • 118 Nev. 351
  • 118 Nev. Adv. Rep. 36
  • 2002 Nev. LEXIS 51

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that an evidentiary hearing is required where a claim is supported by specific factual allegations not belied by the record that, if true, would entitle the petitioner to the relief requested
  • observing that on remand for evidentiary hearing ‘ ‘the district court will be better able to judge credibility”
  • explaining that a claim is belied by the record when it is \contradicted or proven to be false by the record as it existed at the time the claim was made\
  • explaining that a claim is belied by the record when it is \contradicted or proven to be false by the record as it existed at the time the claim was made\
  • observing that a postconviction petitioner is entitled to evidentiary hearing when the petitioner asserts claims supported by specific factual allegations not belied by the record that, if true, would entitle him to relief
  • reversing a postconviction proceeding for the district court to• determine whether appellant was credible when he claimed counsel ignored his instruction to file a direct appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Shearing, Rose and Becker

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

5 cases in this archive are cited by this case.

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