Opinion
No. 72177
11-14-2017
REGINALD FRANKLIN, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Reginald Franklin appeals from a district court order denying the postconviction petition for a writ of habeas corpus he filed on August 31, 2016. Eighth Judicial District Court, Clark County; Douglas Smith, 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).
Franklin's petition was untimely because it was filed more than seven years after the remittitur on direct appeal was issued on August 18, 2009. see NRS 34.726(1), and it was successive because he had previously filed a postconviction petition for a writ of habeas corpus, see NRS 34.810(2). These procedural bars were unexcused because Franklin made no attempt to show good cause for filing a late and successive petition. See NRS 34.726(1); NRS 34.810(3). Accordingly, we conclude the district court did not err by denying Franklin's 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 Franklin v. State, Docket No. 50229 (Order of Affirmance, July 23, 2009).
See Franklin v. State, Docket No. 60808 (Order of Affirmance, October 17, 2013). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Douglas Smith, District Judge
Reginald Franklin
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk