Opinion
No. 68161
12-16-2015
JOHN THOMAS KIZZIAR, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; J. Charles Thompson, Senior 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 postconviction petition on December 10, 2014, approximately seven years after issuance of remittitur on direct appeal on April 17, 2007. Kizziar v. State, Docket No. 47809 (Order of Affirmance, March 22, 2007). Therefore, the petition was untimely filed. See NRS 34.726(1). Additionally, his petition was successive as he previously sought postconviction relief. See NRS 34.810(1)(b)(2). His petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Appellant failed to demonstrate good cause to overcome the procedural default. Further, his claim that he is actually innocent lacks merit because he failed to present new evidence establishing that he is actually innocent of his crimes. See House v. Bell, 547 U.S. 518, 536-37 (2006). Therefore, we conclude that the district court did not err by denying appellant's petition as procedurally barred. Accordingly, we
Kizziar v. State, Docket No. 52146 (Order of Affirmance, December 4, 2009). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, J.
Saitta /s/_________, J.
Gibbons /s/_________, J.
Pickering cc: Chief Judge, The Eighth Judicial District Court
Hon. J. Charles Thompson, Senior Judge
John Thomas Kizziar
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk