MIDDLETON v. WARDEN

No. 40497.

98 P.3d 694 (2004)

David Stephen MIDDLETON, Appellant, v. WARDEN, NEVADA STATE PRISON, John Ignacio, Respondent.

Supreme Court of Nevada.

October 14, 2004.


Attorney(s) appearing for the Case

Robert Bruce Lindsay, Reno, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Gary H. Hatlestad, Deputy District Attorney, Washoe County, for Respondent.

Before ROSE, MAUPIN and DOUGLAS, JJ.


OPINION

PER CURIAM.

This is an appeal from a district court order denying a post-conviction petition for a writ of habeas corpus. For the reasons stated below, we remove attorney Robert Bruce Lindsay as appellant David Middleton's post-conviction counsel, vacate the district court order denying Middleton's habeas corpus petition, and remand this appeal with instructions to appoint new counsel to represent Middleton and reinitiate post-conviction proceedings...

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