Opinion
No. 74363
10-12-2018
JESSE LAMONT CLAYTON, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Jesse Lamont Clayton appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on July 28, 2017. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
Clayton filed his petition more than two years after entry of the judgment of conviction on June 15, 2015, and nearly two years after entry of the amended judgment of conviction on September 21, 2015. No direct appeal was taken. Clayton's petition was therefore untimely filed and procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See NRS 34.726(1).
Clayton claimed his petition was timely from his August 30, 2016, probation revocation. A second amended judgment of conviction, styled as an "order for revocation of probation," was filed on September 1, 2016. However, Clayton's claims did not implicate the change therein. Thus the entry of the amended judgment of conviction did not demonstrate good cause. See Sullivan v. State, 120 Nev. 537, 541, 96 P.3d 761, 764 (2004). To the extent Clayton raises new good-cause arguments in his opening brief before this court, we decline to consider them on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999).
For the foregoing reasons, we
ORDER the judgment of the district court AFFIRMED.
We conclude the district court did not abuse its discretion by declining to appoint postconviction counsel. See NRS 34.750(1); Renteria-Novoa v. State, 133 Nev. ___, ___, 391 P.3d 760, 760-61 (2017). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Douglas W. Herndon, District Judge
Kenneth G. Frizzell, III
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk