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PELLEGRINI v. STATE

No. 35999.

34 P.3d 519 (2001)

117 Nev. 860

David PELLEGRINI, Appellant, v. The State of Nevada, Respondent.

Supreme Court of Nevada.

November 15, 2001.

Attorney(s) appearing for the Case

Patricia Erickson, Las Vegas, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Stewart L. Bell, District Attorney, and James Tufteland, Chief Deputy District Attorney, Clark County, for Respondent.

Franny A. Forsman, Federal Public Defender, and John C. Lambrose and Michael L. Pescetta, Assistant Federal Public Defenders, Las Vegas, as Amicus Curiae.

Before The Court En Banc.

OPINION

PER CURIAM.

In this appeal, we are asked to decide whether NRS 34.726 and its one-year time bar apply to second or successive petitions for post-conviction relief. Appellant David Pellegrini and amicus curiae, the Federal Public Defender, contend that NRS 34.726 applies just to first petitions and that dismissal for delayed filing of second or successive petitions is governed only by the laches provisions...

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