Opinion
No. 63862
02-12-2014
CURTIS BILLY BONILLA, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is a proper person appeal from an order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Joseph T. Bonaventure, Judge.
This appeal has been submitted for decision without oral argument, NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted. See Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Appellant filed his petition on June 7, 2013, more than four years after entry of the judgment of conviction on April 7, 2009. Thus, appellant's petition was untimely filed. See NRS 34.726(1). Appellant's petition was procedurally barred absent a demonstration of good cause cause for the delay and undue prejudice. See id.
Appellant claimed that he had cause for the delay because he did not learn of his post-conviction rights until 2012. This court considered and rejected this good cause argument raised in a prior petition. Bonilla v. State, Docket No. 62747 (Order of Affirmance, September 19, 2013). The doctrine of the law of the case prevents further litigation of this good cause argument. See Hall v. State, 91 Nev. 314, 535 P.2d 797 (1975). Therefore, the district court did not err in denying the petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
__________________________, J.
Pickering
__________________________, J.
Parraguirre
__________________________, J.
Saitta
cc: Chief Judge, Eighth Judicial District Court
Hon. Joseph T. Bonaventure, Senior Judge
Curtis Billy Bonilla
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk