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James v. State

SUPREME COURT OF THE STATE OF NEVADA
Nov 13, 2013
No. 63038 (Nev. Nov. 13, 2013)

Opinion

No. 63038

11-13-2013

ROCKY A. JAMES, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is a proper person appeal from an order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Valerie Adair, Judge.

This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911(1975).

Appellant filed his petition on June 11, 2009, more than two years after entry of the judgment of conviction on December 13, 2006. Thus, appellant's petition was untimely filed. See NRS 34.726(1). Appellant's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id. Appellant claimed that he had cause for the delay because he was not aware of post-conviction remedies. Appellant's ignorance of post-conviction remedies did not excuse the delay in filing his petition. See Phelps v. Director, Prisons, 104 Nev. 656, 764 P.2d 1303 (1988). Accordingly, we

ORDER the judgment of the district court AFFIRMED.

__________, J.

Gibbons

_________, J.
Douglas
__________, J.
Saitta
cc: Hon. Valerie Adair, District Judge

Rocky A. James

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

James v. State

SUPREME COURT OF THE STATE OF NEVADA
Nov 13, 2013
No. 63038 (Nev. Nov. 13, 2013)
Case details for

James v. State

Case Details

Full title:ROCKY A. JAMES, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Nov 13, 2013

Citations

No. 63038 (Nev. Nov. 13, 2013)