Opinion
No. 71446
06-14-2017
MARCUS SHEREEF MCNEAL, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Marcus Shereef McNeal appeals from a district court order denying the postconviction petition for a writ of habeas corpus he filed on July 12, 2016. Eighth Judicial District Court, Clark County; Michael Villani, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
McNeal's petition was untimely because it was filed more than two years after the remittitur on direct appeal was issued on June 6, 2014, and it was successive because he had previously filed a postconviction petition for a writ of habeas corpus. See NRS 34.726(1); NRS 34.810(2). Therefore, McNeal's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3).
McNeal v. State, Docket No. 64076 (Order of Affirmance, May 13, 2014).
McNeal v. State, Docket No. 68765 (Order of Affirmance, March 16, 2016).
McNeal failed to raise any claims of good cause and undue prejudice on the face of his petition. To the extent McNeal's Brady claims could be construed as good cause claims, his claims were not raised within a reasonable time of their discovery and they consist of bare allegations that fail to establish the second and third prongs of a Brady violation. See Lisle v. State, 131 Nev. ___, ___, 351 P.3d 725, 728 (2015); State v. Huebler, 128 Nev. 192, 198, 275 P.3d 91, 95 (2012); Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984). Accordingly, we conclude the district court did not err in denying McNeal's petition as procedurally barred, and we
Brady v. Maryland, 373 U.S. 83 (1986). --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Michael Villani, District Judge
Marcus Shereef McNeal
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk