Harris (Gregory) v. State ( 2013 )

 NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Moreover, because the
State specifically pleaded laches, appellant was required to overcome the
rebuttable presumption of prejudice. NRS 34.800(2).
Relying upon Edwards v. State, 112 Nev. 704, 918 P.2d 321(1996), appellant claimed that the procedural time bar did not apply to
him because he raised claims concerning the validity of his sentence.
Appellant was in error. Procedural bars are mandatory in habeas corpus,
and there is no exception based on a claim of sentencing error. See State v.
Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070,
1074 (2005); see also NRS 34.726. Appellant did not attempt to provide
any good cause argument to excuse his delay and did not overcome the
presumption of prejudice to the State. Even assuming that appellant's
petition could be construed as a motion to correct an illegal sentence,
appellant failed to demonstrate that his sentence was facially illegal or
that the district court lacked jurisdiction over him. See Edwards, 112
Nev. at 708, 918 P.2d at 324. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 3
I Gibbons
Douglas
3 We have reviewed all documents that appellant has submitted in
proper person to the clerk of this court in this matter, and we conclude
that no relief based upon those submissions is warranted. To the extent
that appellant has attempted to present claims or facts in those
submissions which were not previously presented in the proceedings
below, we have declined to consider them in the first instance.
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Valorie J. Vega, District Judge
Gregory L. Harris
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A