Zacarias-Lopez (Elder) v. State ( 2014 )

 Moreover, appellant's petition was successive because he had previously
filed two post-conviction petitions for a writ of habeas corpus, and it
constituted an abuse of the writ as he raised claims new and different
from those raised in his previous petitions. 3 See NRS 34.810(1)(b)(2); NRS
34.810(2). Appellant's petition was procedurally barred absent a
demonstration of good cause and actual prejudice. See NRS 34.726(1);
NRS 34.810(1)(b); NRS 34.810(3). Moreover, because the State specifically
pleaded ladies, appellant was required to overcome the rebuttable
presumption of prejudice. NRS 34.800(2).
Appellant did not provide a good cause argument. To the
extent that he argued that the procedural bars did not apply because he
was challenging the constitutionality of the laws and the jurisdiction of
the courts, appellant's argument was without merit. Appellant's claims
challenged the validity of his judgment of conviction, and thus, the
procedural bars do apply in this case. 4 See NRS 34.720(1); NRS 34.724(1).
Because appellant did not demonstrate good cause, the petition was
procedurally barred. Further, appellant failed to overcome the
3 Zacarias-Lopezv. State, Docket No. 44802 (Order of Affirmance,
June 14, 2005); Zacarias-Lopez v. State, Docket No. 54427 (Order of
Affirmance, September 10, 2010).
4Appellant's claims did not implicate the jurisdiction of the courts.
Nev. Const. art. 6, § 6; NRS 171.010. We note that the Statutes of Nevada
contain the laws with the enacting clauses required by the constitution.
The Nevada Revised Statutes simply reproduce those laws as classified,
codified, and annotated by the Legislative Counsel. NRS 220.120.
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presumption of prejudice to the State. Therefore, we conclude that the
district court did not err in denying the petition, and we
ORDER the judgment of the district court AFFIRMED.
J.
Pickering Saitta
cc: Hon. Jessie Elizabeth Walsh, District Judge
Elder Zacarias-Lopez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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