DocketNumber: 67959
Filed Date: 11/13/2015
Status: Non-Precedential
Modified Date: 4/18/2021
34.810(3). Appellant did not attempt to demonstrate good cause to excuse the procedural default on the face of the petition. Further, his claim that he is actually innocent of his crimes lacks merit because that claim is grounded in legal rather than factual innocence. See Bousley v. United States,523 U.S. 614
, 623-24 (1998) (observing that actual innocence exception to excusing procedural default is grounded in factual rather than legal innocence); Mitchell v. State,122 Nev. 1269
, 1273-74,149 P.3d 33
, 36 (2006) (observing that lajctual innocence means factual innocence, not mere legal insufficiency" (internal quotation marks omitted)). 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.J. J. Parraguirre Douglas cc: Hon. Scott N. Freeman, District Judge Joe Tony Torres Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk SUPREME COURT OF NEVADA 2 (0) 1947A