Nevada Supreme Court, 1971

Cousineau v. Warden

Cousineau v. Warden
Nevada Supreme Court · Decided May 21, 1971
87 Nev. 254; 484 P.2d 1098; 1971 Nev. LEXIS 402

Cousineau v. Warden

Opinion of the Court

OPINION

Per Curiam:

This appeal presents a single issue: Should the ruling of Boykin v. Alabama, 395 U.S. 238 (1969), be applied retroactively? This question has, of course, been answered in the negative by this court. Mathis v. Warden, 86 Nev. 439, 471 P.2d 233 (1970); Stocks v. Warden, 86 Nev. 758, 476 P.2d 469 (1970). Appellant concedes as much and, indeed, in the *255lower court he admitted tó the judge that the case had no merit.

This case thus clearly presents a frivolous appeal and could easily have been disposed of under Sanchez v. State, 85 Nev. 95, 450 P.2d 793 (1969), and Watkins v. State, 85 Nev. 102, 450 P.2d 795 (1969). Because this course was not followed, as in Watkins, we merely affirm the trial court.

Affirmed.

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