Chipeta (Pachalo) v. State ( 2014 )


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  •                      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
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    &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Precedential Status: Non-Precedential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