Julian (Quincy) v. State ( 2013 )


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  • court's factual findings regarding good cause, but we will review the
    court's application of the law to those facts de novo."), cert. denied, 568
    U.S. , 
    133 S. Ct. 988
     (2013). Furthermore, Julian failed to demonstrate
    that side effects of the psychotropic drugs should excuse the entire delay.
    See Hathaway v. State, 
    119 Nev. 248
    , 252-53, 
    71 P.3d 503
    , 506 (2003)
    (holding that a claim of ineffective assistance of counsel may excuse a
    procedural default, but the claim itself must not be procedurally defaulted
    but must be raised within a reasonable time after discovering it to satisfy
    good cause). We conclude that the district court did not err in rejecting
    this good-cause argument and in denying the petition as procedurally
    barred. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    Douglas
    J.
    Saitta
    cc: Hon. Connie J. Steinheimer, District Judge
    Story Law Group
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    2
    

Document Info

Docket Number: 60999

Filed Date: 9/18/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014