Miller v. State

Full title: TRE RONDELL MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Nov 5, 2019

No. 77911-COA (Nev. App. Nov. 5, 2019)

Opinion

No. 77911-COA

11-05-2019

TRE RONDELL MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.

Gibbons

ORDER OF AFFIRMANCE

Tre Rondell Miller appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on January 12, 2018. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

Miller's petition was successive because he had previously filed a postconviction petition for a writ of habeas corpus and that petition was decided on the merits.¹ See NRS 34.810(2). Consequently, Miller's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.810(3).

1

Miller did not attempt to demonstrate good cause and actual prejudice. Therefore, we conclude the district court did not err by denying the petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Gibbons

/s/_________, J.

Tao

/s/_________, J.

Bulla cc: Hon. Tierra Danielle Jones, District Judge

Tre Rondell Miller

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

See Miller v. State, Docket No. 73836 (Order Dismissing Appeal, December 22, 2017).