Reese (James) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA

JAMES MARTIN REESE, No. 68730 Appellant, vs. THE STATE OF NEVADA, Respondent. FILED DEC 1 6 2016

ORDER OF REVERSAL AND REMAND This is an appeal from a district court order dismissing appellant James Reese's petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; William D. Kephart, Judge. The district court dismissed Reese's petition on the grounds that it "alleges civil rights violations and therefore exceeds the scope of, and is not cognizable in, habeas corpus." We conclude that the district court erred. Although Reese's petition included argument regarding various civil rights violations, which the district court correctly determined were not appropriately raised, the crux of his petition was that his due process rights were violated when his parole was revoked. This claim was cognizable in a habeas corpus petition. See NRS 34.360;

SUPREME COURT OF

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Hornback v. Warden, 97 Nev. 98, 100, 625 P.2d 83, 84 (1981). Therefore, we ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order. 1

Douglas Gibbons

cc: Hon. William D. Kephart, District Judge James Martin Reese Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

'This is our final disposition of this matter. Any further proceeding shall be docketed as a new matter.

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