Malone (Deangelo) v. State ( 2015 )

 habeas corpus, 2 and it constituted an abuse of the writ because he raised a
claim that was new and different from the claims raised in his first
petition. See NRS 34.810(1)(b)(2); NRS 34.810(2). Therefore, Malone's
petition was procedurally barred absent a demonstration of good cause
and prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).
Malone claimed that the recent U.S. Supreme Court decision in Miller v.
Alabama, 567 U.S. , 132 S. Ct. 2455 (2012), holding that mandatory
life-without-parole sentences for juvenile offenders are unconstitutional,
provided good cause to file a post-conviction petition challenging his two
consecutive sentences of life without the possibility of parole.
Even assuming that Miller provided good cause for the delay
and for filing a successive petition, that Malone's additional delay after
Miller was decided on June 25, 2012, was not unreasonable, see Hathaway
v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003) (stating that, to
constitute good cause, a claim cannot itself be procedurally defaulted), and
that Miller applies where, as here, the life-without-parole sentence was
not mandatory, see NRS 200.030(4), we conclude that this appeal has been
rendered moot by the recent enactment of A.B. 267. With A.B. 267, the
Legislature has made Malone eligible for parole on the murder conviction
regardless of the life-without-parole sentences imposed, after he "has
served 20 calendar years of incarceration, including any time served in a
county jail." 2015 Nev. Stat., ch. 152, §§ 3(1)(b), 5(2), at 618-19. Because
A.B. 267 provides Malone with any relief Miller even arguably affords in
2Malone v. State, Docket No. 57222 (Order Dismissing Appeal,
December 20, 2010).
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his case, this appeal is moot. See Personhood Nevada v. Bristol, 126 Nev.,
Adv. Op. 56, 245 P.3d 572, 574 (2010). We therefore
ORDER this appeal DISMISSED. 3
4:21631
11H LL
,
J.
Douglas
,J.
Cherry
cc: Hon. Valorie J. Vega, District Judge
Deangelo Maron Malone
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
sIn light of this disposition, we deny as moot Malone's motion for
appointment of counsel. We have reviewed all documents that Malone 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 Malone 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.
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