Harris (Conor) v. State ( 2013 )


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  •                     motion and appellate brief. The district court determined that Harris'
    motion was precluded by laches because there was a 14-year delay in filing
    his motion, Harris waited three years after he learned of the Finger
    decision to file his motion, and there was credible testimony that
    important witnesses and evidence are no longer available because of
    Harris' delay. We give deference to these factual findings because they are
    supported by substantial evidence and not clearly wrong.        See Lader v.
    Warden, 
    121 Nev. 682
    , 686, 
    120 P.3d 1164
    , 1166 (2005). We conclude that
    the district court did not err by finding that laches precluded consideration
    of Harris' motion. See Hart v. State, 
    116 Nev. 558
    , 564-65, 
    1 P.3d 969
    , 973
    (2000). Therefore, we
    ORDER the judgment of the district court AFFIRMED.
    ,   J.
    Hardesty
    Parraguirre
    J.
    cc: Hon. Brent T. Adams, District Judge
    Law Office of Thomas L. Qualls, Ltd.
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A     • ,
    

Document Info

Docket Number: 59787

Filed Date: 10/16/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014