Opinion
No. 70029
03-22-2017
KENTRELL D. WELCH, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Appellant Kentrell Welch appeals from an order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3). --------
Welch filed his petition on November 24, 2015, more than seven years after entry of the judgment of conviction on September 15, 2008. Thus, Welch's petition was untimely filed. See NRS 34.726(1). Welch's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id. Moreover, because the State specifically pleaded laches, Welch was required to overcome the rebuttable presumption of prejudice. NRS 34.800(2). The district court found Welch failed to demonstrate good cause to overcome the procedural bar and he failed to rebut the presumption of prejudice to the State and denied the petition.
Welch fails to argue the district court erred by determining his petition was procedurally barred and was barred by laches. Instead, Welch raises new claims on appeal that were not raised in his petition filed below. Because Welch fails to demonstrate the district court erred by denying the petition based on the procedural bars and laches, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Stefany Miley, District Judge
Kentrell D. Welch
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk