Opinion
No. 63387
02-13-2014
DENISE CROCKETTS, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 of the district court denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Michelle Leavitt, 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's petition was successive because she had previously filed a post-conviction petition for a writ of habeas corpus, and it constituted an abuse of the writ as she raised claims that were new and different from those raised in her previous petition. See NRS 34.810(1)(b)(2); NRS 34.810(2). Accordingly, appellant's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.810(3); State v. Williams, 120 Nev. 473, 476-77, 93 P.3d 1258, 1260-61 (2004).
Appellant did not attempt to demonstrate good cause and actual prejudice; she merely asserted that she "inadvertently excluded other claims and facts" when she filed her first habeas petition. We conclude that the district court did not err in denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted.
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__________, J.
Pickering
__________, J.
Parraguirre
__________, J.
Saitta
cc: Hon. Michelle Leavitt, District Judge
Denise Crocketts
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk