Sutton (Kevin) v. State ( 2014 )


Menu:
  •                 demonstration of good cause and actual prejudice.         See NRS 34.726(1);
    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).
    Appellant did not attempt to demonstrate good cause or
    overcome the presumption of prejudice to the State. To the extent that
    appellant sought to have his petition considered as a motion to correct an
    illegal sentence, appellant's claim for relief fell outside the narrow scope of
    claims permitted in a motion to correct an illegal sentence. See Edwards
    v. State, 
    112 Nev. 704
    , 708, 
    918 P.2d 321
    , 324 (1996). Therefore, we
    conclude that the district court did not err in denying the petition as
    procedurally barred and barred by laches. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    J.
    Pickering
    2ut02----s2-rr--T J.
    Parraguirre
    Ciaafts                           J.
    Saitta
    cc:   Hon. Jennifer P. Togliatti, District Judge
    Kevin Devon Sutton
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    

Document Info

Docket Number: 64244

Filed Date: 6/11/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014