Opinion
No. 73945
06-29-2018
JAIME ADAN BARNES-ESPARZA, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Jaime Adan Barnes-Esparza appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on May 2, 2017. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g). --------
Barnes-Esparza filed his petition more than one year after issuance of the remittitur on direct appeal on December 16, 2015. See Barnes-Esparza v. State, Docket No. 67234 (Order of Affirmance, November 19, 2015). Barnes-Esparza's petition was therefore untimely filed and procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1).
Barnes-Esparza claimed he had good cause to excuse the delay because he had competency issues and did not understand the time restrictions for filing for postconviction relief. Barnes-Esparza's claims did not show he was prevented from filing a timely postconviction petition by impediments external to the defense, and accordingly, they do not constitute good cause. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003); see also Phelps v. Dir., Nev. Dep't of Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988) (holding petitioner's brain damage, mental retardation, and reliance on inmate law clerks did not establish good cause).
Barnes-Esparza also claimed he had good cause to excuse the delay because he spent his first 60 days in prison in segregation without access to the law library. Barnes-Esparza's claim did not explain the entire delay and thus did not constitute good cause. See Hathaway, 119 Nev. at 252-53, 71 P.3d at 506.
Finally, Barnes-Esparza claimed he had good cause to excuse the delay because his counsel's letter advising him of his postconviction rights was in English while Barnes-Esparza spoke and read Spanish. Barnes-Esparza did not allege he did not read English, and he indicated he first sought legal assistance in prison in April 2017, after the time to file a timely petition had already passed. And to the extent Barnes-Esparza was claiming the ineffective assistance of counsel was good cause, that claim itself was untimely and thus could not constitute good cause. See id. We therefore conclude the district court did not err by denying Barnes-Esparza's petition as procedurally time-barred, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver /s/_________, J.
Tao /s/_________, J.
Gibbons cc: Hon. Douglas W. Herndon, District Judge
Jaime Adan Barnes-Esparza
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk