Opinion
87905-COA
09-19-2024
LAQUAN HEAVENS, Appellant, v. BRIAN WILLIAMS, WARDEN; AND THE STATE OF NEVADA, Respondents.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Gibbons, C.J.
Laquan Heavens appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on June 14, 2023, and dismissing an amended petition filed on July 26, 2023. Eighth Judicial District Court, Clark County; Monica Trujillo, Judge.
Heavens argues the district court erred in dismissing his claim that counsel was ineffective for failing to investigate his charges and, but for counsel's failure to investigate, he would not have pleaded guilty. He raised this claim for the first time in his amended petition for a writ of habeas corpus, which the district court summarily dismissed because Heavens filed the amended petition without leave of the court and without good cause. See NRS 34.750(5); Barnhart v. State, 122 Nev. 301, 303, 130 P.3d 650, 651-52 (2006) (providing that the district court may exercise its discretion to permit a petitioner to assert claims not previously pleaded upon a showing of good cause). On appeal, Heavens does not assert that he sought leave of the court or had good cause to file additional claims in an amended petition. Therefore, we conclude that the district court did not err in summarily dismissing Heavens' amended petition. Accordingly, we ORDER the judgment of the district court AFFIRMED.
Bulla, J., Westbrook, J.
Hon. Monica Trujillo, District Judge.