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HATHAWAY v. STATE

No. 39512.

71 P.3d 503 (2003)

Michael Joseph HATHAWAY, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

Rehearing Denied August 25, 2003.

Attorney(s) appearing for the Case

Michael Joseph Hathaway, in Proper Person.

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, and James Tufteland, Chief Deputy District Attorney, Clark County, for Respondent.

Before ROSE, MAUPIN and GIBBONS, JJ.

OPINION

PER CURIAM:

Appellant Michael J. Hathaway filed an untimely proper person post-conviction petition for a writ of habeas corpus in the district court. Hathaway argued that he had good cause to excuse the delay in filing his habeas corpus petition because he thought his attorney was pursuing a direct appeal and he did not learn that his attorney had not filed a direct appeal until after the statutory time period for filing a habeas corpus petition...

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