Opinion
No. 73092
01-09-2018
JEFFREY LYNN FRANKLIN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Jeffrey Lynn Franklin appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Joseph T. Bonaventure, Senior Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Franklin filed his petition on November 15, 2016, more than eight years after issuance of the remittitur on direct appeal on January 22, 2008. Franklin v. State, Docket No. 48848 (Order of Affirmance, December 27, 2007). Thus, Franklin's petition was untimely filed. See NRS 34.726(1). Moreover, Franklin's petition was successive because he had previously filed several postconviction petitions for a writ of habeas corpus. See NRS 34.810(1)(b)(2); NRS 34.810(2), Franklin's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(l)(b); NRS 34.810(3). Moreover, because the State specifically pleaded laches, Franklin was required to overcome the rebuttable presumption of prejudice. See NRS 34.800(2).
Franklin v. State, Docket No. 67755 (Order of Affirmance, August 4, 2015); Franklin v. State, Docket No. 67295 (Order of Affirmance, May 20, 2015); Franklin v. State, Docket No. 65231 (Order of Affirmance, July 23, 2014); Franklin v. State, Docket No. 63352 (Order of Affirmance, December 12, 2013); Franklin v. State, Docket No. 52422 (Order of Affirmance, December 11, 2009). --------
Franklin did not attempt to demonstrate good cause to overcome the procedural bars and he did not attempt to overcome the rebuttable presumption of prejudice to the State. Accordingly, we conclude the district court did not err in denying the petition as procedurally barred. Therefore, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Chief Judge, Eighth Judicial District Court
Hon. Joseph T. Bonaventure, Senior Judge
Jeffrey Lynn Franklin
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk