Fuller (Ralph) v. State ( 2014 )


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  •                 at the sentencing hearing. 2 Appellant failed to demonstrate good cause
    because his claim that trial counsel was ineffective was itself procedurally
    barred. Hathaway v. State, 
    119 Nev. 248
    , 252-53, 
    71 P.3d 503
    , 506 (2003).
    Therefore, we conclude the district court did not err in denying appellant's
    petition, and we
    ORDER the judgment of the district court AFFIRMED.
    11
    Hardesty
    ,A frea.4±,
    J.
    J.
    2 We note that appellant's reliance on Martinez is misplaced for two
    reasons. First, Martinez provides good cause based on ineffective
    assistance of post-conviction counsel for a federal court to consider claims
    that were procedurally defaulted in state court. This is appellant's first
    post-conviction petition; therefore, there is no claim of ineffective
    assistance of post-conviction counsel. Second, we have recently held that
    Martinez does not apply to Nevada's statutory post-conviction procedures.
    See Brown v. McDaniel,          Nev. , P.3d (Adv. Op. No. 60,
    August 7, 2014).
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc:   Hon. Elissa F. Cadish, District Judge
    Ralph Fuller
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A    .ze/w4
    

Document Info

Docket Number: 63214

Filed Date: 9/16/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021