Opinion
84927-COA
12-12-2022
JUSTICE ALTON-JAMES NALL, Appellant, v. THE STATE OF NEVADA, Respondent.
Justice Alton-James Nail Attorney General/Carson City Clark County District Attorney
UNPUBLISHED OPINION
Justice Alton-James Nail Attorney General/Carson City Clark County District Attorney
ORDER OF AFFIRMANCE
Gibbons, C.J.
Justice Alton-James Nail appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Elham Roohani, Judge.
Nail filed his petition on February 7, 2022, more than one year after entry of the judgment of conviction on October 5, 2020. Thus, Nail's petition was untimely filed. See NRS 34.726(1). Nail's petition was procedurally barred absent a demonstration of good cause-cause for the delay and undue prejudice. See id.
Nall did not pursue a direct appeal.
Nail claimed his trial-level counsel's failure to respond to his emails and telephone calls constituted good cause to overcome the procedural bar. Nail failed to demonstrate that an impediment external to the defense excused his delay or that his claims were not reasonably available to be timely filed. Therefore, Nail fails to demonstrate the district 1 court erred by denying his petition as procedurally barred, see Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003), and we
ORDER the judgment of the district court AFFIRMED.
Tao, J. Bulla, J. Judges
Hon. Elham Roohani, District Judge 2