Opinion
No. 71125
06-14-2017
MARCUS JEROME BLACKWELL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Marcus Blackwell appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Elizabeth Goff Gonzalez, 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).
Blackwell filed his petition on April 20, 2016, more than seven years after entry of the judgment of conviction on March 20, 2009. Thus, Blackwell's petition was untimely filed. See NRS 34.726(1). Blackwell'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.
Blackwell alleged he had good cause for filing a late petition because trial counsel was ineffective. Blackwell's claims of ineffective assistance of counsel were reasonably available to be raised in a timely postconviction petition and ineffective-assistance-of-counsel claims that are themselves procedurally barred cannot establish good cause. See Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). Therefore, we conclude the district court did not err by denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
We also conclude the district court did not abuse it's discretion by declining to conduct an evidentiary hearing. See Rubio v. State, 124 Nev. 1032, 1046 & n.53, 194 P.3d 1224, 1233-34 & n.53 (2008). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Elizabeth Goff Gonzalez, District Judge
Marcus Jerome Blackwell
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk