Holden (Jim) v. State ( 2015 )


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  •                             Appellant contends that the district court erred by denying his
    petition because Lafler v. Cooper, 566 U.S.    , 
    132 S. Ct. 1376
     (2012), and
    Missouri v. Frye, 
    566 U.S. 132
     S. Ct 1399 (2012), provided good cause
    to excuse the procedural bars. We disagree. Appellant's case was final
    when those cases were decided and he fails to demonstrate that their
    holdings apply retroactively to him. See Clem v. State, 
    119 Nev. 615
    , 627-
    28, 
    81 P.3d 521
    , 530-31 (2003). Moreover, appellant fails to demonstrate
    prejudice because he concedes that his ineffective-assistance claim under
    Cooper and Frye lacks merit and is not properly litigated in this appeal.
    Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    Saitta
    Gibboris                                  Pickering
    Plek0A         ,J.
    cc:   Hon. Carolyn Ellsworth, District Judge
    Karen A. Connolly, Ltd.
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    

Document Info

Docket Number: 65331

Filed Date: 6/10/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021