Opinion
No. 77513-COA
10-16-2019
DESHON HEREFORD, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Deshon Hereford appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on July 18, 2018. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Hereford's petition was untimely because it was filed more than seven years after the remittitur on direct appeal was issued on August 10, 2010, see NRS 34.726(1), and it was successive because he had previously filed a postconviction petition for a writ of habeas corpus that was decided on the merits, see NRS 34.810(2). Consequently, his petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Moreover, because the State specifically pleaded laches, he was required to overcome the rebuttable presumption of prejudice to the State. See NRS 34.800(2).
See Hereford v. State, Docket No. 52664 (Order of Affirmance, May 7, 2010).
See Hereford v. State, Docket No. 60424 (Order of Affirmance, March 14, 2013). --------
Hereford did not attempt to show good cause and actual prejudice, and he did not make any showing that would overcome the presumption of prejudice to the State. Accordingly, we conclude the district court did not err by denying his procedurally barred petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Stefany Miley, District Judge
Deshon Hereford
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk