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MEANS v. STATE

No. 40898.

103 P.3d 25 (2004)

Clyde MEANS, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

December 29, 2004.

Attorney(s) appearing for the Case

Robert E. Glennen III, Pahrump, for Appellant.

Brian Sandoval, Attorney General, Carson City; Robert S. Beckett, District Attorney, and Sharon Y. Dockter, Deputy District Attorney, Nye County, for Respondent.

JoNell Thomas, Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

Before BECKER, AGOSTI and GIBBONS, JJ.

OPINION

AGOSTI, J.

In this appeal, we consider whether a post-conviction habeas petitioner should have been permitted to inspect and introduce his former attorney's notes from the case file into evidence after former counsel used the notes to refresh his recollection while testifying at the post-conviction evidentiary hearing. We also consider the proper burden of proof that a petitioner carries on disputed...

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