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KRAUSE v. FOGLIANI

No. 5117.

421 P.2d 949 (1966)

Marshall W. KRAUSE, Arthur Brunwasser, in behalf of Robert Bryan Pate, Appellants, v. Jack H. FOGLIANI, Warden of the Nevada State Penitentiary, Respondent.

Supreme Court of Nevada.

December 21, 1966.

Attorney(s) appearing for the Case

Arthur Brunwasser, Marshall W. Krause, San Francisco, Cal., for Robert Bryan Pate.

Harvey Dickerson, Atty. Gen., and Daniel R. Walsh, Chief Deputy Atty. Gen., Carson City, for respondent.

OPINION

THOMPSON, Justice.

This is an appeal from an order of the district court dismissing a post-conviction habeas corpus petition filed on behalf of Robert Bryan Pate who is serving a life sentence at the Nevada State Prison for kidnaping. The purpose of the habeas proceeding was to have an evidentiary hearing on the claim that federal constitutional protections were ignored in the kidnaping case.1 The hearing did not occur...

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