Rowell (Lamarr) v. State ( 2013 )


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  •                 post-conviction counsel is discretionary in Nevada, and a prerequisite to
    the appointment of counsel is the filing of a petition, and appellant did not
    file his petition until after the one-year period had passed.   See NRS
    34.750(1). Third, appellant's ignorance of procedural rules would not
    provide good cause for the delay. 2 See Phelps v. Director, Prisons, 
    104 Nev. 656
    , 
    764 P.2d 1303
     (1988). Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    J.
    Hardesty
    p
    Parraguirre
    J.
    Con.52.4treile
    Cherry
    ,
    1
    a
    J.
    2We note that appellant's assertion that he was unaware of or
    unable to comply with procedural rules defies belief given appellant's
    lengthy history of litigation in this court, of which we take judicial notice.
    See e.g., Rowell v. State, Docket Nos. 36601, 36658, 37023 (Order of
    Affirmance and Dismissing Appeal, April 10, 2001); Rowell v. State,
    Docket Nos. 36693, 37210, 37242 (Order of Affirmance and Dismissing
    Appeal and Limited Remand for Correction of Judgment of Conviction,
    April 10, 2001); Rowell v. State, Docket No. 37283 (Order of Affirmance,
    July 9, 2001); Rowell v. State, Docket No. 37749 (Order of Affirmance,
    December 12, 2001); Rowell v. State, Docket Nos. 37836, 37838, 37839
    (Order of Affirmance, December 14, 2001); Rowell v. State, Docket No.
    42770 (Order of Affirmance, August 30, 2004); Rowell v. State, Docket No.
    42909 (Order of Affirmance, September 1, 2004); Rowell v. Warden,
    Docket No. 43019 (Order of Affirmance, September 22, 2004); Rowell v.
    State, Docket No. 43059 (Order of Affirmance, August 27, 2004); Rowell v.
    State, Docket No. 43218 (Order of Affirmance, November 15, 2004); Rowell
    v. State, Docket No. 43728 (Order of Affirmance, December 13, 2004);
    Rowell v. State, Docket No. 44595 (Order of Affirmance, April 22, 2005);
    Rowell v. State, Docket No. 44665 (Order of Affirmance, April 19, 2005);
    Rowell v. State, Docket No. 44686 (Order of Affirmance, May 3, 2005);
    Rowell v. State, Docket No. 54708 (Order Affirming in Part, Reversing in
    Part and Remanding, April 8, 2010); Rowell v. State, Docket No. 59852
    (Order of Affirmance, May 9, 2012).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc: Hon. James M. Bixler, District Judge
    Lamarr Rowell
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 61750

Filed Date: 4/10/2013

Precedential Status: Non-Precedential

Modified Date: 10/31/2014