Opinion
No. 57538.
09-15-2011
Robert HOLMES, III, Appellant, v. The STATE of Nevada, Respondent.
Robert Holmes, III Attorney General/Carson City Clark County District Attorney
Robert Holmes, III
Attorney General/Carson City
Clark County District Attorney
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; Kathy A. Hardcastle, 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
Appellant filed his petition on September 28, 2010, more than one year after entry of the judgment of conviction on January 5, 2009. Thus, appellant's petition was untimely filed. See NRS 34.726(1). Appellant's petition was procedurally barred absent a demonstration of cause for the delay and actual prejudice. See id .
Appellant failed to demonstrate any impediment external to the defense sufficient to establish good cause for his delay in filing his petition. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). To the extent appellant argued his delay should be excused due to the ineffective assistance of appellate counsel, we note that no direct appeal was filed in this case, and appellant failed to allege any other specific facts demonstrating how the alleged behavior of counsel constituted an impediment external to the defense that prevented him from filing the instant petition in a timely manner. See id. at 253–54; 71 P.3d at 507; Hargrove v. State, 100 Nev. 498, 502–503; 686 P.2d 222, 225 (1984). Therefore, we
ORDER the judgment of the district court AFFIRMED.
Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911(1975).