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MATTER OF SMITH

No. 82696.

506 P.3d 325 (2022)

138 Nev. Adv. Opn. 16

In the MATTER OF the Application of Breck Warden SMITH for a Writ of Habeas Corpus. The State of Nevada, Appellant, v. Breck Warden Smith, Respondent.

Supreme Court of Nevada.

FILED March 24, 2022.

Attorney(s) appearing for the Case

Aaron D. Ford , Attorney General, and Katrina A. Samuels , Deputy Attorney General, Carson City, for Appellant.

McAvoy Amaya & Revero Attorneys and Michael J. McAvoy-Amaya and Timothy E. Revero , Las Vegas, for Respondent.

Claggett & Sykes Law Firm and Micah S. Echols , Las Vegas; Sharp Law Center and A.J. Sharp , Las Vegas; The Powell Law Firm and Tom W. Stewart , Las Vegas, for Amicus Curiae Nevada Justice Association.

BEFORE THE SUPREME COURT, SILVER, CADISH, and PICKERING, JJ.

OPINION

When a parolee is detained for a parole violation and returned to the custody of the Nevada Department of Corrections (NDOC), NRS 213.1517(3) requires the Nevada Board of Parole Commissioners (the Parole Board) to hold a hearing on the matter within 60 days. NRS 213.1517(4) sets out an exception...

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