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BROWN v. McDANIEL

No. 60065.

331 P.3d 867 (2014)

Christopher BROWN, Appellant, v. E.K. McDANIEL, Warden, Respondent.

Supreme Court of Nevada.

August 7, 2014.

Attorney(s) appearing for the Case

Rene Valladares , Federal Public Defender, and Ryan Neil Norwood and Megan C. Hoffman , Assistant Federal Public Defenders, Las Vegas, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; Richard A. Gammick , District Attorney, and Terrence P. McCarthy , Deputy District Attorney, Washoe County, for Respondent.

Steven S. Owens , Las Vegas, for Amicus Curiae Nevada District Attorneys Association.

Robert Arroyo , Las Vegas, for Amicus Curiae Nevada Attorneys for Criminal Justice.

Catherine Cortez Masto , Attorney General, and Jeffrey M. Conner and Michael J. Bongard , Deputy Attorneys General, Carson City, for Amicus Curiae Nevada Attorney General.

BEFORE THE COURT EN BANC.

OPINION

By the Court, HARDESTY, J.:

Appellant Christopher Brown appeals from the district court's dismissal of his untimely and successive post-conviction petition for a writ of habeas corpus. At issue is whether, in light of the United States Supreme Court's recent decision in Martinez v. Ryan, 566 U.S. ___, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012), the ineffective assistance of post-conviction counsel may constitute...

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