Samora (Jay) v. State

 NRS 34.810(3). Moreover, because the State specifically pleaded laches,
appellant was required to overcome the rebuttable presumption of
prejudice. NRS 34.800(2).
First, appellant claimed the petition was timely filed because
he filed it within one year of the issuance of the remittitur in his appeal
from the denial of a motion for modification of sentence. Samora v. State,
Docket No. 58748 (Order of Affirmance, March 7, 2012). NRS 34.726(1)
provides that a post-conviction petition for a writ of habeas corpus must be
filed within one year after the entry of the judgment of conviction or the
issuance of the remittitur from the denial of a direct appeal from the
judgment of conviction. Dickerson v. State, 114 Nev. 1084, 1087, 967 P.2d
1132, 1133-34 (1998). The prior appeal noted by appellant was not a
direct appeal from the judgment of conviction. The timely filing date for a
post-conviction petition for a writ of habeas corpus was one year after
entry of appellant's judgment of conviction on June 8, 2007.
Second, appellant claimed that he has a brain injury, which
predated his crime, and has to rely on fellow inmates for assistance with
preparation of legal documents. This failed to demonstrate good cause for
filing an untimely post-conviction petition. 4 See Phelps v. Dir., Nev. Dep't
of Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988) (holding that
petitioner's claim of organic brain damage, borderline mental retardation,
and reliance on the assistance of an inmate law clerk unschooled in the
law did not constitute good cause for the filing of a successive post-
conviction petition).
4We note that appellant was determined to be competent prior to
entry of his plea.
SUPREME COURT
OF
NEVADA
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Finally, appellant failed to overcome the presumption of
prejudice to the State. Therefore, the district court did not err in
dismissing the petition as procedurally barred and barred by laches.
Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
J.
cc: Hon. Valorie J. Vega, District Judge
Jay Lorin Samora
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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