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MARSHALL v. WARDEN

No. 5449

434 P.2d 437 (1967)

Richard MARSHALL, Richard Cousineau, Wendell Jensen, Roger Bousack, Robbie Olan Craig, Danny Erle McLemore, William E. Barnhill, and Harold G. Gordon, Appellants, v. WARDEN, NEVADA STATE PRISON, Respondent.

Supreme Court of Nevada

November 28, 1967

Attorney(s) appearing for the Case

Richard H. Bryan, Public Defender, and Anthony M. Earl, Deputy Public Defender, Clark County, for Appellants.

Harvey Dickerson, Attorney General, George E. Franklin, Jr., District Attorney, James D. Santini, Deputy District Attorney, Clark County, for Respondent.

Russell W. McDonald and Frank W. Daykin, Legislative Counsel, amicus curiae.

Robert F. List, President, Nevada District Attorneys Association, amicus curiae.

OPINION

THOMPSON, Chief Justice.

This appeal aims to sustain the constitutionality of Section 3181 of the 1967 post-conviction collateral remedy act [67 Stats. Nev., ch. 523, §§ 317-324] in so far as it purports to vest jurisdiction to hear a post-conviction proceeding in the district court in which the conviction took place.

Each petitioner-appellant was convicted in the Eighth Judicial District Court, Clark...

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