STATE v. WILLIAMS

No. 41109.

93 P.3d 1258 (2004)

The STATE of Nevada, Appellant, v. Jessica WILLIAMS, Respondent.

Supreme Court of Nevada.

July 22, 2004.


Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, Carson City; David J. Roger, District Attorney, James Tufteland, Chief Deputy District Attorney, and Gary R. Booker and Bruce W. Nelson, Deputy District Attorneys, Clark County, for Appellant.

Law Office of Ellen J. Bezian and Ellen J. Bezian, Las Vegas; Law Offices of John G. Watkins and John Glenn Watkins, Las Vegas, for Respondent.

Before the Court En Banc.


OPINION

PER CURIAM.

The State of Nevada appeals from the district court's grant of a post-conviction petition for a writ of habeas corpus to respondent Jessica Williams. The State argued that Williams' petition was procedurally barred since Williams' claim that marijuana metabolite, carboxylic acid, is not a prohibited substance pursuant to NRS 484.379 should have been raised at trial or on direct appeal.

We agree and conclude that the district...

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