Ford (Tiyon) v. State ( 2016 )

IN THE SUPREME COURT OF THE STATE OF NEVADA
TIYON TONY FORD, No. 68658
Appellant,
vs.
THE STATE OF NEVADA,
FILED
Respondent. FEB 1 0 2016
laER
fre
ORDER OF AFFIRMANCE
This is a pro se appeal from a district court order denying a
postconviction petition for a writ of habeas corpus.' Eighth Judicial
District Court, Clark County; Eric Johnson, Judge.
Appellant filed his postconviction petition on May 19, 2014,
more than six years after issuance of remittitur on direct appeal on
October 2, 2007. Ford u. State, Docket No. 48781 (Order of Affirmance,
September 6, 2007). Therefore, the petition was untimely filed. See NRS
34.726(1). Additionally, his petition was successive as he previously
sought postconviction reliel 2 See NRS 34.810(1)(b)(2). His petition was
procedurally barred absent a demonstration of good cause and actual
prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).
'This appeal has been submitted for decision without oral argument,
NRAP 34(0(3), and we conclude that the record is sufficient for our review
and briefing is unwarranted. See Thicken v. Warden, 91 Nev. 681, 682, 541
P.2d 910, 911 (1975).
2Ford v. State, Docket No. 52915 (Order of Affirmance, August 27,
2009).
SUPREME COURT
OF
NEVADA
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Appellant failed to demonstrate good cause to overcome the procedural
default. Further, his claim that he is actually innocent lacks merit because
he failed to present new evidence establishing that he is actually innocent of
his crime. See House v. Bell, 547 U.S. 518, 536-37 (2006). Therefore, we
conclude that the district court did not err by denying appellant's petition as
procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
c,c_5z6 , C.J.
Parraguirre
;r1744
est J.
Cherry
L1'4
Douglas
cc: Hon. Eric Johnson, District Judge
Tiyon T. Ford
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COUFtT
OF
NEVADA
2
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