-
34.810(2). Appellant's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). In an attempt to demonstrate good cause to overcome the procedural bars, appellant claimed that he received ineffective assistance of counsel because counsel failed to inform him regarding the statute of limitations for murder, and that because there is no statute of limitations for murder, he still has "rights to legal recourse." Appellant failed to demonstrate good cause because he failed to demonstrate that an impediment external to the defense prevented him from raising his claims in a timely petition. Hathaway v. State,
119 Nev. 248, 502,
71 P.3d 503, 506 (2003). Appellant's argument regarding the statute of limitations providing unlimited chances to challenge his conviction was meritless. The procedural bars are mandatory, State v. Eighth Judicial Dist. Court (Riker),
121 Nev. 225, 231,
112 P.3d 1070, 1074 (2005), and apply regardless of the nature of conviction or statute of limitations for the crime convicted of. Therefore, counsel had no duty to inform appellant regarding the statute of limitations. Accordingly, the district court did not err in denying this petition as procedurally barred, and we ORDER the judgment of the district court AFFIRMED. )921 Gibbon ' C.J. &feu J. Pickering Saitta uy SUPREME COURT OF NEVADA 2 (0) 1947A cgat9 cc: Hon. Douglas Smith, District Judge Pachalo Crispin Chipeta Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A - es.
Document Info
Docket Number: 66414
Filed Date: 12/11/2014
Precedential Status: Non-Precedential
Modified Date: 4/17/2021