Wayne Mont Fairse v. State of Nevada, et al.

Summary

The United States District Court for the District of Nevada dismissed Wayne Mont Fairse’s 28 U.S.C. § 2254 habeas petition at screening. The court held that Fairse’s claim that the state court lacked jurisdiction under Nevada Revised Statute § 171.010 presented an issue of state law and was not cognizable on federal habeas review. The court denied a certificate of appealability and directed the clerk to enter judgment and close the case.

Holdings

1. Fairse's claim that the Nevada state court lacked jurisdiction based on the alleged nullification of Nevada Revised Statute § 171.010 was not cognizable in federal habeas because it presented an issue of state law, and federal habeas relief does not lie for errors of state law.
2. The Nevada state court had jurisdiction over Fairse's underlying criminal case under article VI, section 6 of the Nevada Constitution, and Nevada Revised Statute § 171.010 did not establish that jurisdiction; instead, the statute provides criminal liability for persons committing offenses within Nevada.
3. The petition was properly dismissed under Rule 4 because it plainly appeared that Fairse was not entitled to federal habeas relief.

Questions Presented

1. Whether Fairse's claim that the Nevada state court lacked jurisdiction because Nevada Revised Statute § 171.010 was allegedly nullified presents a cognizable basis for federal habeas relief.
2. Whether the petition should be dismissed at initial screening under Rule 4 of the Rules Governing Section 2254 Cases.
3. Whether Fairse was entitled to a certificate of appealability.

Disposition

dismissed