Garrett (Raymond) v. State ( 2014 )

 Appellant appeared to claim that he had good cause due to
ineffective assistance of post-conviction counsel during the litigation of his
first petition. Appellant's claim lacked merit as appellant had no
statutory right to post-conviction counsel, and thus the ineffective
assistance of post-conviction counsel did not provide good cause for a
successive and untimely petition. See Crump v. Warden, 113 Nev. 293,
303 & n.5, 934 P.2d 247, 253 & n.5 (1997); McKague v. Warden, 112 Nev.
159, 164-65 & n.5, 912 P.2d 255, 258 & n.5 (1996); see also Brown v.
McDaniel, 130 Nev. , 331 P.3d 867, 870 (2014) (explaining that
post-conviction counsel's performance does not constitute good cause to
excuse the procedural bars unless the appointment of post-conviction
counsel was mandated by statute). Therefore, the district court did not err
in denying the petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 3
C.J.
3 We have reviewed all documents that appellant 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 appellant 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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SAITTA, J., dissenting:
I would extend the equitable rule recognized in Martinez v.
Ryan, 566 U.S. , 132 S. Ct. 1309 (2012) to this case because appellant
was convicted of murder and is facing a severe sentence. See Brown, 130
Nev. at P.3d at 875 (Cherry, J., dissenting). Accordingly, I would
reverse and remand for the district court to determine whether appellant
can demonstrate a substantial underlying ineffective-assistance-of-trial-
counsel claim that was omitted due to the ineffective assistance of post-
conviction counsel. I therefore dissent.
Saitta
cc: Hon. Stefany Miley, District Judge
Raymond A. Garrett
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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