Opinion
No. 72731
06-13-2018
NICOLE CHRISTINE FOLLOWILL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Nicole Christine Followill appeals from a district court order dismissing a postconviction petition for a writ of habeas corpus Filed on September 21, 2016. Ninth Judicial District Court, Douglas County; Thomas W. Gregory, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Followill's petition was filed more than one year after the remittitur on direct appeal was issued on June 15, 2015; consequently, it was untimely filed and procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1).
See Followill v. State, Docket No. 67041 (Order Affirming in Part, Reversing in Part and Remanding, May 18, 2015).
Followill claims the district court erred by dismissing her petition because she did not have reasonable access to the prison law library and the prison law library was inadequate. However, Followill did not raise these good-cause claims in her petition, and we decline to consider them for the first time on appeal. See Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991), overruled on other grounds by Means v. State, 120 Nev. 1001, 1013, 103 P.3d. 25, 33 (2004).
We conclude the district court did not err by dismissing Followill's procedurally barred habeas petition, see NRS 34.726(1); State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005) (explaining the application of procedural bars is mandatory), and we
ORDER the judgment of the district court AFFIRMED.
The Honorable Michael Gibbons did not participate in the decision in this matter. --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao cc: Hon. Thomas W. Gregory, District Judge
Nicole Christine Followill
Attorney General/Carson City
Douglas County District Attorney/Minden
Douglas County Clerk