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Alexander v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 17, 2019
No. 77098-COA (Nev. App. Jul. 17, 2019)

Opinion

No. 77098-COA

07-17-2019

EARL KENJI ALEXANDER, Appellant, v. THE STATE OF NEVADA, Respondent.


ORDER OF AFFIRMANCE

Earl Kenji Alexander appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on May 9, 2018. Eighth Judicial District Court, Clark County; Jerry A. Wiese, Judge.

This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g).

Alexander's petition was untimely because it was filed more than one year after the remittitur on direct appeal was issued on April 17, 2017. See NRS 34.726(1). Because Alexander made no attempt to show good cause for filing the late petition, he failed to overcome the procedural time bar. See id. Accordingly, we conclude the district court did not err by denying his 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

See Alexander v. State, Docket No. 71304-COA (Order of Affirmance, March 22, 2017).

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Jerry A. Wiese, District Judge

Earl Kenji Alexander

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Alexander v. State

COURT OF APPEALS OF THE STATE OF NEVADA
Jul 17, 2019
No. 77098-COA (Nev. App. Jul. 17, 2019)
Case details for

Alexander v. State

Case Details

Full title:EARL KENJI ALEXANDER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Jul 17, 2019

Citations

No. 77098-COA (Nev. App. Jul. 17, 2019)