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Appellant did not demonstrate cause for the delay because he failed to demonstrate that he reasonably believed an appeal was pending and that he filed his petition within a reasonable time of learning no appeal had been taken. 3 Hathaway v. State,
119 Nev. 248, 255,
71 P.3d 503, 508 (2003). Accordingly, we ORDER the judgment of the district court AFFIRMED. 4 Gibbons J. Douglas J. Saitta cc: Hon. Jennifer P. Togliatti, District Judge Barron Hamm Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk 3 We note that appellant first litigated a motion to withdraw the guilty plea during the two-year period of his delay. 4We 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 2 (0) 1947A
Document Info
Docket Number: 62688
Filed Date: 9/19/2013
Precedential Status: Non-Precedential
Modified Date: 4/17/2021