Ned George Forman v. Charles L. Wolff, Jr.

Ned George Forman appeals from the federal district court’s denial of habeas relief. We affirm.

I. Statement of the Case

On April 29, 1974, Forman pleaded guilty in Nevada state court to an information charging illegal sale of cocaine and received a sentence of fifteen years in Nevada state prison. Two years later the Nevada Supreme Court held that the statute under which Forman had been prosecuted required the prosecution to allege and prove the defendant’s age as an essential element of the crime. Hass v. State, 92 Nev. 256 , 548 P.2d 1367 (1976).

Forman then filed a petition for habeas corpus in Nevada state district court, claiming that the state had failed to allege his age in its information. The state court ordered Forman’s unconditional release. The state of Nevada appealed to the Nevada Supreme Court. Noting that it overruled Hass that very day in State v. Wright, 92 Nev. 734 , 558 P.2d 1139 (1976), the Nevada Supreme Court reversed the granting of habeas relief. Warden v. Forman, 92 Nev. 739 , 558 P.2d 1141 (1976). The state district court ordered Forman remanded to custody.

Forman then filed a petition for habeas corpus under 28 U.S.C. § 2254 in federal district…