Hawkins (Farrin) v. State ( 2014 )


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  •                 34.810(1)(b)(2); NRS 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). Moreover, because the
    State specifically pleaded laches, appellant was required to overcome the
    rebuttable presumption of prejudice. NRS 34.800(2).
    First, we note that appellant's claim challenging the dates of
    his parole hearings is not a cognizable claim that may be raised in a post-
    conviction petition for a writ of habeas corpus.         See NRS 34.724(1)
    (limiting post-conviction petitions for a writ of habeas corpus to challenges
    to the judgment of conviction or to the computation of time served).
    Second, appellant failed to allege any specific good cause to
    overcome the procedural bars. To the extent that appellant may have
    alleged that he was actually innocent, appellant failed demonstrate that
    "it is more likely than not that no reasonable juror would have convicted
    him in light of. . . new evidence." Calderon v. Thompson, 
    523 U.S. 538
    ,
    559 (1998) (quoting Schlup v. Delo, 
    513 U.S. 298
    , 327 (1995)); see also
    Pellegrini v. State, 
    117 Nev. 860
    , 887, 
    34 P.3d 519
    , 537 (2001); Mazzan v.
    Warden, 
    112 Nev. 838
    , 842, 
    921 P.2d 920
    , 922 (1996). To the extent that
    appellant cited to Martinez v. Ryan, 566 U.S. , 
    132 S. Ct. 1309
    (2012),
    appellant failed to support that cite with any cogent argument or facts as
    to why that case provided good cause. Hargrove v. State, 
    100 Nev. 498
    ,
    502-03, 
    686 P.2d 222
    , 225 (1984). We therefore conclude that the district
    ...continued
    27, 2014). Appellant did not appeal the denial of his first, second, or sixth
    petitions.
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    court did not err in denying appellant's petition as procedurally barred,
    and we
    ORDER the judgment of the district court AFFIRMED. 3
    Pickering
    1:20"Sairra'r
    Parraguirre
    J.
    J.
    Saitta
    cc:   Hon. Michael Villani, District Judge
    Farrin Hawkins
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    3We  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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