Opinion
83300-COA
02-23-2022
JEFFREY BERNARD GERMAN, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
GIBBONS C.J.
Jeffrey Bernard German appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 9, 2021. Eighth Judicial District Court, Clark County; Erika D. Ballou, Judge.
German filed his petition more than five years after entry of the judgment of conviction on May 12, 2015, and more than four years after entry of the amended judgment of conviction on May 12, 2016. Thus, German's petition was untimely filed. See NRS 34.726(1). Germans petition was procedurally barred absent a demonstration of good cause- cause for the delay and undue prejudice. See id.
German did not file a direct appeal.
German claimed the United States Supreme Court's decision in United Stales v. Davis, 588 U.S., 139 S.Ct. 2319 (2019), was new case law and provided good cause. German's petition was filed nearly two years after the Davis decision, and German did not explain his delay in raising his good-cause claim. See Rippo v. State, 134 Nev. 411, 422, 423 P.3d 1084, 1097 (2018) (holding that a good-cause claim must be raised within one year of it becoming available). Therefore, we conclude the district court did not err by denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
Tao J., Bulla J.
Hon. Erika D. Ballou, District Judge