Morales (Thomas) v. State ( 2014 )

 statutory provisions relating to a notice of appeal. Appellant's petition
was required to be filed within one year from either entry of the judgment
of conviction or issuance of the remittitur from a timely direct appeal. See
NRS 34.726(1).
Appellant next claimed that he had cause for the delay
because his appellate counsel failed to provide him a copy of the order
resolving his appeal and never informed him of the procedural rules for a
post-conviction petition for a writ of habeas corpus. We conclude that the
district court did not err in rejecting this good cause argument. Appellant
was aware of the resolution of his direct appeal when on August 24, 2010,
he received a letter from appellate counsel referencing the issuance of the
remittitur in his direct appeal. Appellant failed to demonstrate that an
impediment external to the defense prevented him from filing a timely
petition. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506
(2003). Former appellate counsel did not have a constitutional duty to
inform appellant about the availability of post-conviction remedies. See
id. (recognizing that good cause must be a legal excuse); see also Miranda
v. Castro, 292 F.3d 1063, 1066-68 (9th Cir. 2002) (holding that equitable
tolling was not warranted where a petitioner relied on incorrect advice of
former counsel because petitioner had no right to the assistance of counsel
regarding post-conviction relief); Pena v. U.S., 534 F.3d 92, 95-96 (2d Cir.
2008) (holding that the right to the effective assistance of counsel in a
first-tier appeal does not encompass a requirement that an attorney
inform his client of the possibility of certiorari review or that the attorney
assist the client in preparing such a petition); Moore v. Cockrell, 313 F.3d
880, 882 (5th Cir. 2002) (holding that the right to counsel ends when the
decision by the appellate court is entered). Therefore, we conclude that
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the district court did not err in determining the petition was procedurally
barred and without good cause. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
GibboiTs
J.
Pickering Saitta
cc: Hon. Michelle Leavitt, District Judge
Thomas Morales
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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