-
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. SUPREME COURT OF NEVADA 2 (0) 1947A aem 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. SUPREME COURT OF NEVADA 3 (0) 1947A es,
Document Info
Docket Number: 62375
Filed Date: 4/10/2014
Precedential Status: Non-Precedential
Modified Date: 4/18/2021