Smith, Jr. (Willie) v. State

 Appellant claimed that he had good cause because the factual
and legal bases for his claims were withheld. Appellant failed to
demonstrate that the factual and legal bases for his claims were not
reasonably available to be presented in a timely petition, and thus, he
failed to demonstrate good cause. See Hathaway v. State, 119 Nev. 248,
252-53, 71 P.3d 503, 506 (2003).
Next, appellant claimed that his trial and appellate counsel
were ineffective in failing to raise certain issues. Appellant's claims of
ineffective of assistance of counsel were likewise reasonably available to be
raised in a timely petition, and thus, these claims would not provide good
cause in this case. See id.
Next, appellant appeared to claim that there was no
jurisdiction over his case because no state or federal laws allow a private
citizen to impersonate a police officer and use the authority of the
government to search an individual. This claim does not implicate the
jurisdiction of the courts. Nev. Const. art. 6, § 6; NRS 171.010.
Finally, appellant claimed that he was actually innocent
because he had reliable evidence that demonstrated that the trial and
appellate courts had violated numerous constitutional rights when they
allowed a private citizen to impersonate a federal officer and purport to
use the authority of the federal government to obtain evidence. Appellant
did not demonstrate actual innocence because he failed to show that "it is
more likely than not that no reasonable juror would have convicted him in
light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559
(1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also
Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001); Mazzan v.
Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). We therefore
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conclude that the district court did not err in denying appellant's petition.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
, C.J.
cc: Hon. Michelle Leavitt, District Judge
Willie James Smith, Jr.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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