Hanson (Leo) v. State ( 2013 )


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  •                 660, 
    764 P.2d 1303
    , 1306 (1988) (holding that petitioner's claim of organic
    brain damage, borderline mental retardation, and reliance on assistance of
    inmate law clerk unschooled in the law did not constitute good cause for
    the filing of a successive post-conviction petition).
    Next, appellant claimed he had good cause due to a lack of
    access to the prison law library and because the prison law library is
    inadequate. Appellant failed to demonstrate that inadequate law libraries
    or lack of access to the library deprived him of meaningful access to the
    courts. See Bounds v. Smith, 
    430 U.S. 817
    , 828 (1977), limited by Lewis v.
    Casey, 
    518 U.S. 343
    , 354-56 (1996). Appellant's previous proper person
    motions filed in the district court indicate that his access to the court was
    not improperly limited by restrictions on use of the prison law library or
    due to prison law library policies. Accordingly, he failed to demonstrate
    that official interference caused him to be unable to comply with the
    procedural bars. See Hathaway v. State, 
    119 Nev. 248
    , 252, 
    71 P.3d 503
    ,
    506 (2003). Therefore, the district court did not err in dismissing the
    petition as procedurally barred. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    Gibbons
    ? 44-
    J.
    Douglas
    J.
    Saitta
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    II
    cc: Hon. James M. Bixler, District Judge
    Leo David Hanson
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I947A
    

Document Info

Docket Number: 62412

Filed Date: 9/18/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014