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Hall v. State

Supreme Court of Nevada
May 21, 1975
91 Nev. 314 (Nev. 1975)

Summary

holding that "[t]he law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same" and that "[t]he doctrine of the law of the case cannot be avoided by a more detailed and precisely focused argument" in later proceedings

Summary of this case from Urenda-Bustos v. State

Opinion

No. 7254

May 21, 1975

Appeal from Eighth Judicial District Court; Howard W. Babcock, Judge.

Horace R. Goff, State Public Defender, for Appellant.

Robert List, Attorney General, Carson City; George E. Holt, District Attorney, of Clark County, for Respondent.


OPINION


Appellant was charged with murder in early 1965. Before his plea was entered, his counsel requested a psychiatric examination. Upon receipt of a verbal report from the examining psychiatrist, a plea of not guilty was entered. Shortly thereafter, appellant changed his plea to guilty of second degree murder. Sentencing was delayed so that the trial judge could obtain a written report from the examining psychiatrist. On May 21, 1965, the trial judge had the report and referred to it while imposing a sentence of not less than 10 nor more than 50 years in the Nevada State Prison.

In his petition for post-conviction relief appellant contended that his plea of guilty was involuntarily made because he was mentally incompetent at that time to enter such a plea, and that the trial court erred in its failure to hold an evidentiary hearing on the question of his competency. After a hearing, his petition for post-conviction relief was denied and this appeal ensued.

Although appellant has failed to comply with the provisions of NRS 177.335 and identify previous court proceedings taken by him to secure relief from his conviction and sentence, our records indicate that for the second time this matter is before us. A detailed recitation of the facts of this case together with an addendum of the transcript of the proceedings in district court at the time appellant was sentenced on May 21, 1965, appear in Hall v. Warden, 83 Nev. 446, 434 P.2d 425 (1967). When the matter was previously before us, one of the issues raised was the voluntariness of appellant's plea. Upon that record we determined that appellant's guilty plea was made as a result of the "intelligent application of his own will to the problem," and that "the record fails to support appellant's contention that his change of plea was not voluntarily made." 83 Nev. at 455, 456.

NRS 177.335: "The petition shall identify the proceedings in which the petitioner was convicted, give the date of the entry of the final judgment complained of and clearly set forth the respects in which the petitioner's constitutional rights were violated. Affidavits, records or other evidence supporting its allegations shall be attached to the petition unless the petition recites why they are not attached. The petition shall identify any previous state or federal court proceedings taken by the petitioner to secure relief from his conviction or sentence. Argument, citations and discussion of authorities are unnecessary."

"The law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same." Walker v. State, 85 Nev. 337, 343, 455 P.2d 34 (1969); Graves v. State, 84 Nev. 262, 439 P.2d 476 (1968); State v. Loveless, 62 Nev. 312, 150 P.2d 1015 (1944).

Here, appellant attempts to revive the same issue presented in Hall v. Warden, supra. (More emphasis has now been placed upon the possibility of appellant's mental incapacity, but all witnesses at the hearing on this petition for post-conviction relief, including the psychiatrist, testified that he was competent at the time he entered his guilty plea.) The doctrine of the law of the case cannot be avoided by a more detailed and precisely focused argument subsequently made after reflection upon the previous proceedings.

The order of the district court is affirmed.


Summaries of

Hall v. State

Supreme Court of Nevada
May 21, 1975
91 Nev. 314 (Nev. 1975)

holding that "[t]he law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same" and that "[t]he doctrine of the law of the case cannot be avoided by a more detailed and precisely focused argument" in later proceedings

Summary of this case from Urenda-Bustos v. State

holding that issues previously decided by this court are barred by the doctrine of the law of the case

Summary of this case from Solander v. State

holding that "[t]he law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same" and that "[t]he doctrine of the law of the case cannot be avoided by a more detailed and precisely focused argument" in later proceedings

Summary of this case from State v. Patterson

stating that "a more detailed and precisely focused argument" affords no basis for avoiding the doctrine of the law of the case

Summary of this case from Echavarria v. Baker

explaining that the doctrine of the law of the case prohibits subsequent claims "in which the facts are substantially the same"

Summary of this case from Howard v. State

stating law-of-the-case doctrine

Summary of this case from Scott v. State

discussing doctrine of the law of the case

Summary of this case from Flores v. Williams

setting forth the doctrine of the law of the case

Summary of this case from Gallimort v. State

explaining that the law-of-the-case doctrine provides that the law announced by this court on appeal dictates "the law of the case on all subsequent appeals in which the facts are substantially the same" and operates to bar the reconsideration of claims previously decided on their merits by this court

Summary of this case from Harris v. State

explaining that reconsideration of claims denied on their merits is barred by the law-of-the-case doctrine

Summary of this case from Jones v. State

discussing law-of-the-case doctrine

Summary of this case from Forsberg v. State

discussing law-of-the-case doctrine

Summary of this case from Nelson v. State

explaining that reconsideration of claims denied on their merits is barred by the law-of-the-case doctrine

Summary of this case from Antonetti v. State

stating that the holding on direct appeal is the law of the case on all subsequent appeals

Summary of this case from Manning v. State

stating that the law of the case cannot be avoided by “a more detailed and precisely focused argument subsequently made after reflection upon the previous proceedings”

Summary of this case from Christie v. State

In Hall v. State, 91 Nev. 314, 315, 535 P.2d 797, 798 (1975), we stated: "The law of a first appeal is the law of the case on all subsequent appeals in which the facts are substantially the same."

Summary of this case from Paine v. State

stating that "[t]he law of a first appeal is the law of the case on all subsequent appeals" and noting that the law of the case "cannot be avoided by a more detailed and precisely focused argument subsequently made"

Summary of this case from Costa-Ayres v. Exec. Dep't

stating that "[t]he law of a first appeal is the law of the case on all subsequent appeals" and noting that the law of the case "cannot be avoided by a more detailed and precisely focused argument subsequently made"

Summary of this case from Holmes v. Holmes

stating that "[t]he law of a first appeal is the law of the case on all subsequent appeals" and noting that the law of the case "cannot be avoided by a more detailed and precisely focused argument subsequently made"

Summary of this case from Feeley v. Feeley
Case details for

Hall v. State

Case Details

Full title:FRANKLIN L. HALL, APPELLANT, v. THE STATE OF NEVADA, RESPONDENT

Court:Supreme Court of Nevada

Date published: May 21, 1975

Citations

91 Nev. 314 (Nev. 1975)
535 P.2d 797

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