Phelps v. Director, Nevada Department of Prisons

How courts have described this case

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

• holding that a defendant who is insane at the time of the offense is actually innocent for purposes of the fundamental miscarriage of justice test
• holding that state rules of practice require government to assert procedural default as affirmative defense before petitioner is required to show cause and prejudice
• holding that a petitioner's mental handicap and poor legal assistance from inmate law clerks did not establish good cause
• holding that petitioner's reliance on assistance of inmate law clerk unschooled in the law did not constitute good cause for filing a successive postconviction petition
• holding that petitioner's reliance on assistance of inmate law clerk unschooled in the law did not constitute good cause for filing a successive postconviction petition
• holding that a petitioner's mental handicap and poor legal assistance from inmate law clerks did not establish good cause

Source: CourtListener parenthetical corpus (CC0).