Opinion
No. 69969
09-21-2016
ANTHONY LEE MONROE, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court dismissing a postconviction petitions for a writ of habeas corpus. Second Judicial District Court, Washoe County; Lynne K. Simons, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Appellant Anthony Monroe filed his petitions on January 27, 2016, and January 29, 2016, within one year of the issuance of the remittitur on direct appeal on February 11, 2015. Monroe v. State, Docket No. 65591 (Order of Affirmance, January 15, 2015). Thus, Monroe's petitions were timely filed. See NRS 34.726(1). However, Monroe's petitions were successive because he had previously filed a postconviction petition for a writ of habeas corpus, and they constituted an abuse of the writ as he raised claims new and different from those raised in his previous petition. See NRS 34.810(1)(b)(2); NRS 34.810(2). Monroe's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.810(1)(b); NRS 34.810(3).
The petitions were identical.
See Monroe v. Baca, Docket No. 68332 (Order of Affirmance, January 21, 2016).
Monroe did not allege good cause in his petitions filed below. On appeal, Monroe asserts his petitions were not successive and he did not need to demonstrate good cause because his first petition challenged the computation of time served. However, Monroe's prior petition did not challenge the computation of time served. Instead, it challenged the amount of presentence credit awarded, which is a challenge to the judgment of conviction. See Griffin v. State, 122 Nev. 737, 744, 137 P.3d 1165, 1169 (2006). Because Monroe failed to demonstrate good cause to overcome the procedural bar, we conclude the district court did not err in dismissing the petitions as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
We conclude Monroe fails to demonstrate the district court abused its discretion by denying his motion to appoint counsel or by failing to allow him to respond to the State's opposition to his motion to appoint counsel. See NRS 34.750(1). --------
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Lynne K. Simons, District Judge
Anthony Lee Monroe
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk