DocketNumber: 66099
Filed Date: 12/11/2014
Status: Non-Precedential
Modified Date: 4/17/2021
demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Appellant claimed that he had good cause to excuse the procedural bars because the documentation concerning his new claim was previously unavailable to him. Appellant's claim lacked merit. Appellant did not specify the document to which he referred, although it was presumably the sentencing memorandum from which he culled his argument. Appellant failed to demonstrate that an impediment external to the defense prevented him from previously obtaining his own sentencing memorandum. See Hathaway v. State,119 Nev. 248
, 252-53,71 P.3d 503
, 506 (2003). We therefore conclude that the district court did not err in denying appellant's petition as procedurally barred, and we ORDER the judgment of the district court AFFIRMED. 3 Pickering Saitta 3 We 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 cc: Hon. David A. Hardy, District Judge Orlando Scott Martin, Jr. Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A