Miller v. State

Full title: JASON MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jun 13, 2018

No. 73260 (Nev. App. Jun. 13, 2018)

Opinion

No. 73260

06-13-2018

JASON MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Silver

ORDER OF AFFIRMANCE

Jason Miller appeals from a district court order denying the postconviction petition for a writ of habeas corpus filed on December 16, 2016.¹ Eighth Judicial District Court, Clark County; Eric Johnson, Judge.

1 This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).

Miller's petition was untimely because it was filed more than three years after the judgment of conviction was entered on July 1, 2013,² and it was successive because his previous postconviction petition for a writ of habeas corpus was decided on the merits.³ See NRS 34.726(1); NRS 34.810(2). These procedural bars were unexcused because Miller made no attempt to show good cause for filing a late and successive petition. See NRS 34.726(1); NRS 34.810(3). Accordingly, the district court did not err by denying Miller's petition as procedurally-barred, see 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

2 No direct appeal was taken.

3 Miller v. State, Docket No. 71253 (Order of Reversal and Remand, September 13, 2017).

ORDER the judgment of the district court AFFIRMED.⁴

4 The Honorable Jerome T. Tao did not participate in the decision in this matter. --------

/s/_________, C.J.

Silver

/s/_________, J.

Gibbons cc: Hon. Eric Johnson, District Judge

Jason Miller

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk