Dominguez (Demian) v. State

IN THE SUPREME COURT OF THE STATE OF NEVADA
DEMIAN DOMINGUEZ, A/K/A DAMIAN No. 69044
VAZQUEZ DOMINGUEZ,
Appellant,
vs. FILED
THE STATE OF NEVADA,
Respondent JUN 2 2 2016
TRACIE K LINDEMAN
CLEVE SUPREME COURT
DEPUTY CLERK
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; Kerry Louise Earley, Judge.
Appellant filed his postconviction petition on July 30, 2015,
nearly five years after the remittitur issued on direct appeal on December
10, 2010. Dominguez v. State, Docket No. 55061 (Order of Affirmance,
January 4, 2011). Therefore, the petition was untimely filed. See NRS
34.726(1). Additionally, the petition was successive as appellant
previously sought postconviction relief. See NRS 34.810(1)(b)(2). The
petition was procedurally barred absent a showing of good cause and
prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).
As cause to overcome the procedural bars, appellant contends
that the State withheld the murder victim's medical records in violation of
Brady v. Maryland, 373 U.S. 83 (1963). Because appellant failed to
demonstrate that State violated Brady, his good-cause claim lacks merit.
Moreover, appellant raised several of his claims on direct appeal or in a
previous petition and they were rejected by this court on appeal. See
Dominguez v. State, Docket No. 59966 (Order of Affirmance, July 25,
SUPREME COURT
OF
NEVADA
(0) 194M (Saga
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2012); Dominguez v. State, Docket No. 55061 (Order of Affirmance,
December 10, 2010). Those claims are barred by the law-of-the-case
doctrine and he has articulated no basis justifying further consideration of
those claims. See Hsu v. Eighth Judicial Dist. Court, 123 Nev. 625, 629-
30, 173 P.3d 724, 728 (2007). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
CHERRY, J., dissenting:
I dissent. I would remand this matter to the district court for
an evidentiary hearing on appellant's claim of good cause to overcome the
procedural bars.
cc: Hon. Kerry Louise Earley, District Judge
Demian Dominguez
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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