Franklin v. State, 877 P.2d 1058 (Nev. 1994). · Go Syfert
Franklin v. State, 877 P.2d 1058 (Nev. 1994). Cases Citing This Book View Copy Cite
118 citation events (94 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Greene (nev, 2013-08-01)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Greene (2×) also: Cited as authority (quoted)
Nev. · 2013 · quote attribution · 2 verbatim quotes · confidence high
laims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings.
examined Cited as authority (verbatim quote) Von Rosenberg (Jason) v. State (2×) also: Cited as authority (quoted)
Nev. · 2013 · quote attribution · 2 verbatim quotes · confidence high
laims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings.
examined Cited as authority (quoted) Colwell v. State (2×)
Nev. · 2002 · signal: cf. · quote attribution · 2 verbatim quotes · confidence low
rial judges are presumed to know the law and to apply it in making their decisions.
discussed Cited as authority (rule) Santiago v. Johnson
D. Nev. · 2023 · confidence medium
The court cited Nevada case law confirming that 22 “challenges to the validity of a guilty plea and claims of ineffective assistance of trial and 23 appellate counsel must be first pursued in post-conviction proceedings.” Id. (citing Franklin v. 24 State, 877 P.2d 1058, 1059 (Nev. 1994)). 25 The respondents argue that Ground 1 is unexhausted because presenting a claim to “’the 26 state’s highest court in a procedural context [where] its merits will not be considered’ does not 27 satisfy the fair presentation requirement for exhaustion.” ECF No. 67 at 11 (quoting Roettgen v. 1 Cop…
cited Cited as authority (rule) Crabtree v. Gittere
D. Nev. · 2022 · confidence medium
Franklin v. Sfate, 877 P.2d 1058, 1059 (Nev. 7 || 1994) overruled on other grounds by Thomas v. State, 979 P.2d 222 (Nev, 1999).
discussed Cited as authority (rule) Patterson v. Williams (2×)
D. Nev. · 2022 · confidence medium
Patterson responds that NRS 8 34.810(1)(a) is not adequate because it is not consistently applied and is subject to changing state 9 authority.25 He does not argue that any procedural default of Ground 2 should be excused.26 10 “For a state procedural rule to prevent federal review of federal claims, the state’s rule 11 must be both adequate and independent.”27 In the habeas context, the Supreme Court has held 12 that it “will not review a question of federal law decided by a state court if the decision of that 13 court rests on a state law ground that is independent of the federal que…
examined Cited as authority (rule) Fugate (Matthew) v. State (3×)
Nev. · 2022 · confidence medium
See Gonzales, 492 P.3d at 560 ; Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 SUPREME COURT OF NEVADA 2 01 1947A 441110D • P.2d 222 (1999).
cited Cited as authority (rule) Sampson (Willie) Vs. State
Nev. · 2020 · confidence medium
OF NEVADA 3 (0) I947A 44ENto also Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited as authority (rule) Mcdaniels (Harvey) Vs. State
Nev. · 2020 · confidence medium
McDaniels waived this claim by not raising it on direct appeal, Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (holding that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings," including a claim that the district court was biased), and the claim fell outside the limited scope of a postconviction habeas petition that challenges a judgment of conviction based on a guilty plea as set forth in NRS 34.810(1)(a).
discussed Cited as authority (rule) State Vs. Patterson (Jaysen)
Nev. · 2020 · confidence medium
Patterson waived the judicial bias claim by pleading guilty and not raising it on direct appeal, Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (holding that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings," including a claim that the district court was biased), and the claim fell outside the limited scope of a postconviction habeas petition that challenges a judgment of conviction based on a guilty plea as set forth in NRS 34.810(1)(a).
discussed Cited as authority (rule) Guerrina (Robert) Vs. State
Nev. · 2020 · confidence medium
SUPREME COURT OF NEVADA 5 (0) 1947A Guerrina next raises a number of claims that either were raised on direct appeal and, as law of the case, cannot be relitigated, Hall v. State, 91 Nev. 314, 315-16 , 535 P.2d 797, 798-99 (1975), or should have been raised, if at all, on direct appeal and are now waived absent demonstration of good cause and prejudice, which Guerrina does not make, see Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (explaining that issues that could be raised on direct appeal must be raised on direct appeal or they will be waived in subsequent proceedings),…
discussed Cited as authority (rule) State v. Dist. Ct. (Roose)
Nev. · 2015 · confidence medium
See NRS 177.015(4) (a defendant may appeal a judgment entered pursuant to a nob o contendere plea if "the appeal is based upon reasonable constitutional, jurisdictional or other grounds that challenge the legality of the proceedings"); Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (claims appropriate on appeal from a judgment entered pursuant to a guilty plea include "a challenge to the sentence imposed on constitutional or other grounds," or a claim "that there were other conditions that rendered• the proceedings unfair"), overruled on other grounds by Thomas v. State, 1…
cited Cited as authority (rule) Murry (Autumn) v. State
Nev. · 2014 · confidence medium
See NRS 34.810(1)(a); Franklin v. State, 110 Nev. 750, 751-52 , 877 P.2d 1058, 1059 (1994) overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited as authority (rule) Cravens v. Bayer
9th Cir. · 2002 · confidence medium
See, e.g., Standley v. Warden, 115 Nev. 333 , 990 P.2d 783 , 785 n. 3 (Nev. 1999) (per curiam); Davis v. State, 115 Nev. 17 , 974 P.2d 658, 660 (Nev. 1999) (per curiam); Kirksey v. State, 112 Nev. 980 , 923 P.2d 1102 , 1114 n. 10 (Nev. 1996) (per curiam); Marshall v. State, 110 Nev. 1328 , 885 P.2d 603 , 605 n. 1 (1994) (per curiam); Franklin v. State, 110 Nev. 750 , 877 P.2d 1058, 1059 (Nev. 1994) (per curiam). .
discussed Cited as authority (rule) Statz v. State (2×)
Nev. · 1997 · confidence medium
Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994).
cited Cited as authority (rule) State v. Gomes
Nev. · 1996 · confidence medium
Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994).
examined Cited "see" GONZALES (MELVIN) VS. STATE (8×)
Nev. · 2021 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" Hobson (Tony) Vs. State (2×)
Nev. · 2020 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" White (Jimmy) Vs. State (2×)
Nev. · 2019 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750 , 877 P.2d 1058 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" Marlow (Jess) v. Warden (2×)
Nev. · 2019 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (explaining that issues that could be raised on direct appeal must be raised on direct appeal or they will be waived in subsequent proceedings), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" Marlow (Jess) v. Warden (2×)
Nev. · 2019 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (explaining that issues that could be raised on direct appeal must be raised on direct appeal or they will be waived in subsequent proceedings), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" Mack (Darren) v. State (2×)
Nev. · 2018 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750 , 877 P.2d 1058 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" Jackson v. State (2×)
Nev. · 2017 · signal: see · confidence high
See Franklin v. State , 110 Nev. 750 , 752, 877 P.2d 1058 , 1059 (1994) (providing that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings"), overruled on other grounds by Thomas v. State , 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" JACKSON (ANTHONY) VS. STATE (2×)
Nev. · 2017 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (providing that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings"), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" JACKSON (ANTHONY) VS. STATE (2×)
Nev. · 2017 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (providing that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings"), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see" JACKSON (ANTHONY) VS. STATE (2×)
Nev. · 2017 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (providing that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings"), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
examined Cited "see" Jackson v. State (4×)
Nev. · 2017 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752, 877 P.2d 1058, 1059 (1994) (providing that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings"), overruled on other grounds by Thomas v. State, 115 Nev. 148, 979 P.2d 222 (1999).
discussed Cited "see" Uribe (Oscar) v. State (2×)
Nev. · 2014 · signal: see · confidence high
See Franklin v. State, SUPREME COURT OF NEVADA 3 (0) 1947A 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (claims that are appropriate for a direct appeal must be pursed on direct appeal or will be considered waived, including "a challenge to the sentence imposed on constitutional or other grounds").
examined Cited "see" Harris v. State (4×)
Nev. · 2014 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750, 752, 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148, 979 P.2d 222 (1999).
examined Cited "see" Standley v. Warden (4×)
Nev. · 1999 · signal: see · confidence high
See Franklin v. State, 110 Nev. 750 , 877 P.2d 1058 (1994) (stating that claims of ineffective assistance of counsel or challenges to the validity of a guilty plea must be first pursued in post-conviction proceedings, but other claims appropriate to direct appeal must be pursued on direct appeal or they are deemed waived), overruled, on other grounds by Thomas v. State, 115 Nev. 148, 149-51 , 979 P.2d 222, 223-24 (1999); Webb v. State, 91 Nev. 469 , 538 P.2d 164 (1975) (stating that a guilty plea generally precludes consideration of events occurring prior to entry of the plea).
discussed Cited "see, e.g." Campbell (Keontae) v. State (2×)
Nev. · 2019 · signal: see, e.g. · confidence low
See, e.g., Franklin v. Stctte, 110 Nev. 750, 751-52 , 877 P.2d 1058, 1059 (1994), (`‘ [C]hallenges to the validity of a guilty plea and claims of ineffective assistance of trial and appellate counsel must be first pursued in post- conviction proceedings in the district court."), disapproved of on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see, e.g." Bryant (Darreon) v. State
Nev. · 2019 · signal: see, e.g. · confidence low
See, e.g., Franklin v. State, 110 Nev. 750, 751-52 , 877 P.2d 11058 , 1059 (1994) (recognizing that defendant who pleads guilty may challenge sentencing procedures).
discussed Cited "see, e.g." Bryant (Darreon) v. State
Nev. · 2019 · signal: see, e.g. · confidence low
See, e.g., Franklin v. State, 110 Nev. 750, 751-52 , 877 P.2d 11058 , 1059 (1994) (recognizing that defendant who pleads guilty may challenge sentencing procedures).
discussed Cited "see, e.g." Reed, II (Max) v. Warden (2×)
Nev. · 2016 · signal: see also · confidence low
See NRS 34.810(1) (b); see also Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (holding that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they SUPREME COURT will be considered waived in subsequent proceedings"), overruled on other OF NEVADA continued on next page . . . (0) 1947A . 16- 1/7442 , In his petition, Reed contended that the attorneys who represented him before he assumed his own representation were ineffective. 2 To prove ineffective assistance of counsel, a petitioner must demonstrate that counsel's performance fell below a…
discussed Cited "see, e.g." Logan (Yvonne) v. State (2×)
Nev. · 2015 · signal: see also · confidence low
Restitution under NRS 176.033(1)(c) is a sentencing determination, and the amount may be challenged at sentencing and raised on direct appeal or in a post-conviction petition for a writ of habeas corpus. 2 See Martinez v. State, 115 Nev. 9, 12-13 , 974 P.2d 133, 135 (1999); see also Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999) (recognizing that claims that could have been raised on direct appeal are 'This court has recognized that a motion to modify a sentence based upon a material mistake ab…
discussed Cited "see, e.g." Smith (Jacob) v. State (2×)
Nev. · 2014 · signal: see also · confidence low
NRS 34.810(1)(b); see also Franklin a State, 110 Nev. 750, 751-52 , 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas v. State, 115 Nev. 148 , 979 P.2d 222 (1999).
discussed Cited "see, e.g." Smith (Taniko) v. State (2×)
Nev. · 2013 · signal: see also · confidence low
See 1 Smith's NRAP 28(a)(9); NRAP 28(e)(2); NRAP 28(j) ("Briefs that are not in compliance may be disregarded. . . on motion or sua sponte by the court"); see also Franklin v. State, 110 Nev. 750, 752 , 877 P.2d 1058, 1059 (1994) (explaining that "claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings"), overruled on other grounds by Thomas v. State, 115 Nev. 148, 150 , 979 P.2d 222, 223-24 (1999); Rippo v. State, 122 Nev. 1086, 1095 , 146 P.3d 279, 285 (2006) ("Claims of ineffective assistance of trial or a…
discussed Cited "see, e.g." Toston v. State (2×)
Nev. · 2011 · signal: see also · confidence low
That information is not correct: a defendant who has pleaded guilty has a right to appeal from the judgment of conviction, NRS 177.015(4); see also Franklin v. State, 110 Nev. 750, 751-52 , 877 P.2d 1058, 1059 (1994), overruled on other grounds by Thomas, 115 Nev. at 150, 979 P.2d at 223-24 , unless he knowingly and voluntarily waives that right, Cruzado v. State, 110 Nev. 745 , 879 P.2d 1195 (1994), overruled on other grounds by Lee v. State, 115 Nev. 207 , 985 P.2d 164 (1999).
discussed Cited "see, e.g." Davis v. State (2×)
Nev. · 1999 · signal: see also · confidence low
See also Franklin v. State, 110 Nev. 750, 751-52 , 877 P.2d 1058, 1059 (1994).
Retrieving the full opinion text from the archive…
FRANK KENNETH FRANKLIN, Appellant,
v.
THE STATE OF NEVADA, Respondent
25563.
Nevada Supreme Court.
Jul 7, 1994.
877 P.2d 1058
Frank Kenneth Franklin, In Proper Person, Indian Springs, for Appellant., Frankie Sue Del Papa, Attorney General, Carson City; Rex Bell, District Attorney, Clark County, for Respondent.
Per Curiam.
Cited by 49 opinions  |  Published
2 passages pin-cited by 3 cases
Pinpoint authority: #48,877 of 633,719
Citer courts: Nevada Supreme Court (4)

[*751] OPINION

Per Curiam:

This is a proper person appeal from an order of the district court denying appellant’s post-conviction petition for a writ of habeas corpus. On July 15, 1993, the district court convicted appellant, pursuant to an Alford plea, of one count of attempted robbery. The district court sentenced appellant to serve a term of seven and one half yeaxs in the Nevada State Prison. No timely notice of appeal was filed.

On January 27, 1994, appellant filed in the district court a post-conviction petition for a writ of habeas corpus. The state opposed the petition. On February 15, 1994, the district court, without appointing counsel or conducting an evidentiary hearing, denied appellant’s petition. This appeal followed.

Our preliminary review of the record on appeal revealed that the district court may have erred in denying appellant’s petition. In his petition, appellant argued, inter alia, that his trial counsel was ineffective because counsel failed to file a notice of appeal on appellant’s behalf or inform appellant of his right to appeal. In the order denying appellant’s post-conviction petition, the district court concluded that appellant did not demonstrate how the failure to inform him of his right to an appeal was prejudicial. This issue was the subject of a recent opinion by this court. Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994). In Lozada, this court concluded that if a petitioner for a post-conviction writ of habeas corpus demonstrates that he did not knowingly waive his right to an appeal, the district court shall appoint counsel to represent the petitioner and counsel shall present issues which could have been raised in a direct appeal.

Accordingly, this court ordered the state to show cause why the order of the district court should not be vacated and this matter remanded for further proceedings in light of Lozada. On May 23, 1994, the state filed its response to this court’s order. In its response, the state argues that counsel in the instant case did not err in failing to tell appellant that he had a right to appeal because appellant had no right to appeal. The state argues that there is no right to a direct appeal from a guilty plea and cites McGee v. State, 105 Nev. 718, 782 P.2d 1329 (1989), and Bryant v. State, 102 Nev. 268, 721 P.2d 364 (1986), in support of its argument.

This court’s prior precedents do not preclude a direct appeal from a defendant whose conviction is based on a guilty plea. Instead, we have held that challenges to the validity of a guilty plea and claims of ineffective assistance of trial and appellate counsel must be first pursued in post-conviction proceedings in[*752] the district court. McGee v. State, 105 Nev. 718, 782 P.2d 1329 (1989) (challenge to guilty plea); Bryant v. State, 102 Nev. 268, 721 P.2d 364 (1986) (validity of plea); Gibbons v. State, 97 Nev. 520, 634 P.2d 1214 (1981) (ineffective assistance of counsel). Nevertheless, all other claims that are appropriate for a direct appeal must be pursued on direct appeal, or they will be considered waived in subsequent proceedings. These claims could include a challenge to the constitutional validity of the statute on which the conviction was based; a challenge to the sentence imposed on constitutional or other grounds; a claim that the state breached the plea agreement at sentencing; a challenge to the procedures employed that led to the entry of the plea, if that challenge does not address the voluntariness of the plea; and a claim that the district court entertained an actual bias or that there were other conditions that rendered the proceedings unfair. This list is intended to be illustrative, rather than inclusive. The state’s argument that a person who is convicted pursuant to a guilty plea has no right to a direct appeal lacks merit.

Accordingly, we vacate the order of the district court and remand this matter for further proceedings consistent with Lozada v. State, 110 Nev. 349, 871 P.2d 944 (1994).