Craig (Dale) v. Warden C/W 60956 ( 2013 )

 his direct appeal. See Craig v. State, Docket Nos. 47149, 47150 (Order
Affirming in Part and Remanding, January 24, 2007). Appellant's
petitions were therefore untimely filed. See NRS 34.726(1); Sullivan v.
State, 120 Nev. 537, 541, 96 P.3d 761, 764 (2004). 2 Appellant's petitions
were also successive and an abuse of the writ. 3 NRS 34.810(1)(b)(2); NRS
34.810(2). Appellant's petitions were therefore 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).
Appellant claimed that, pursuant to Lafler v. Cooper, 566 U.S.
132 S. Ct. 1376 (2012), and Missouri v. Frye, 566 U.S. , 132 S. Ct.
1399 (2012), counsel was ineffective in advising him to reject a plea offer
from the State, and because those cases were just decided on March 21,
2012, they provided good cause to excuse his procedural bars. Appellant's
good-cause argument was without merit because his case was final when
Cooper and Frye were decided, and he failed to demonstrate that the cases
would apply retroactively to him. Even if Cooper and Frye announced new
rules of constitutional law, he failed to allege facts to support that he met
either exception to the general principle that such rules do not apply
retroactively to cases which were already final when the new rules were
2An amended judgment of conviction dismissing a count was filed in
the district court on August 8, 2007. No direct appeal was taken from the
amended judgment of conviction, and the instant petition did not raise
claims regarding the amendment.
3SeeCraig v. State, Docket No. 51975 (Order of Affirmance, July 9,
2009); Craig v. State, Docket Nos. 56377, 56378 (Order of Affirmance,
December 9, 2010).
SUPREME COURT
OF
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announced. See Colwell v. State, 118 Nev. 807, 816-17, 59 P.3d 463, 469-
70 (2002). We therefore conclude that the district court did not err in
denying appellant's petition as procedurally barred. Accordingly, we
ORDER the judgments of the district court AFFIRMED.
J.
t"Utt
Douglas
MM1M . s
Saitta
cc: Hon. Robert W. Lane, District Judge
Dale Dallas Craig
Nye County District Attorney
Attorney General/Carson City
Nye County Clerk
SUPREME COURT
OF
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