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Reed v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 18, 2016
No. 69359 (Nev. App. May. 18, 2016)

Opinion

No. 69359

05-18-2016

DEMARIO EDWARD REED, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

This is an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Jennifer P. Togliatti, Judge.

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

Appellant Demario Edward Reed filed his petition on August 6, 2015, almost five years after entry of the judgment of conviction on September 1, 2010. Thus, Reed's petition was untimely filed. See NRS 34.726(1). Reed's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.

No direct appeal was taken. --------

Reed first argues he has good cause to excuse the procedural bar because he lacks legal knowledge. However, Reed's lack of legal knowledge does not constitute an impediment external to the defense that prevented him from complying with the procedural time bar. See Phelps v. Dir., Nev. Dep't of Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988) (holding that petitioner's claim of organic brain damage, borderline mental retardation and reliance on assistance of inmate law clerk unschooled in the law did not constitute good cause for the filing of a successive post-conviction petition).

Second, Reed argues the actions of his counsel caused his delay. However, a procedurally barred claim of ineffective assistance of counsel cannot constitute cause for additional claims of ineffective assistance of counsel. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Therefore, the district court did not err in denying the petition as procedurally barred. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Silver cc: Hon. Jennifer P. Togliatti, District Judge

Demario Edward Reed

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Reed v. State

COURT OF APPEALS OF THE STATE OF NEVADA
May 18, 2016
No. 69359 (Nev. App. May. 18, 2016)
Case details for

Reed v. State

Case Details

Full title:DEMARIO EDWARD REED, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: May 18, 2016

Citations

No. 69359 (Nev. App. May. 18, 2016)