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Murray v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 16, 2015
No. 68221 (Nev. Dec. 16, 2015)

Opinion

No. 68221

12-16-2015

STEVEN NELSON MURRAY, Appellant, v. THE STATE OF NEVADA, Respondent.


An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.

ORDER OF AFFIRMANCE

This is a pro se appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Michelle Leavitt, 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 Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).

Appellant filed his postconviction petition on April 4, 2015, approximately four years after issuance of remittitur on direct appeal on February 28, 2011. Murray v. State, Docket No. 54115 (Order of Affirmance, February 3, 2011). Therefore, the petition was untimely filed. See NRS 34.726(1). Additionally, his petition was successive as he previously sought postconviction relief. See NRS 34.810(1)(b)(2). His petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Because appellant failed to demonstrate good cause to overcome the procedural default, we conclude that the district court did not err by denying appellant's petition as procedurally barred. Accordingly, we

Murray v. State, Docket No. 59067 (Order of Affirmance, March 7, 2012).

ORDER the judgment of the district court AFFIRMED.

We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance. --------

/s/_________, J.

Saitta /s/_________, J.
Gibbons /s/_________, J.
Pickering cc: Hon. Michelle Leavitt, District Judge

Steven Nelson Murray

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk


Summaries of

Murray v. State

SUPREME COURT OF THE STATE OF NEVADA
Dec 16, 2015
No. 68221 (Nev. Dec. 16, 2015)
Case details for

Murray v. State

Case Details

Full title:STEVEN NELSON MURRAY, Appellant, v. THE STATE OF NEVADA, Respondent.

Court:SUPREME COURT OF THE STATE OF NEVADA

Date published: Dec 16, 2015

Citations

No. 68221 (Nev. Dec. 16, 2015)

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Murray v. State

See Murray v. State, Docket No. 54115 (Order of Affirmance, Feb. 3, 2011). See Murray v. State, Docket No.…