Brown (Erick) v. State

 barred absent a demonstration of good cause and actual prejudice. See
NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Good cause must be an
impediment external to the defense. See Hathaway v. State, 119 Nev. 248,
252, 71 P.3d 503, 506 (2003). Moreover, because the State specifically
pleaded laches, appellant was required to overcome the rebuttable
presumption of prejudice. NRS 34.800(2).
In an attempt to demonstrate good cause, appellant claimed
that he had not presented some of his claims previously due to ignorance
of the law. Ignorance of the law is not an impediment external to the
defense and thus would not provide good cause. See Phelps v. Director,
Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988).
Appellant also claimed that he did not file his petition earlier
because his counsel failed to file an appeal in a timely fashion. However,
this claim is belied by the record as appellant's notices of appeal from the
judgment of conviction and the denial of the habeas corpus petition were
timely filed. Thus, this did not provide good cause for the delay.
Because appellant failed to demonstrate goodS cause to excuse
his procedural defects or overcome the presumption of prejudice to the
State, we
ORDER the judgment of the district court AFFIRMED.
Pickering
c:LA.A-02.-526-1--7 J. ri-; lip
S aTtt a
Parraguirre
SUPREME COURT
OF
NEVADA
2
(0) 1947A e
cc: Hon. Kathleen E. Delaney, District Judge
Erick Marquis Brown
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) I947A e