Palmer v. State

Full title: MARKIECE PALMER, Appellant, v. THE STATE OF NEVADA, Respondent.

Court: COURT OF APPEALS OF THE STATE OF NEVADA

Date published: Sep 10, 2019

No. 77321-COA (Nev. App. Sep. 10, 2019)

Opinion

No. 77321-COA

09-10-2019

MARKIECE PALMER, Appellant, v. THE STATE OF NEVADA, Respondent.

Gibbons

ORDER OF AFFIRMANCE

Markiece Palmer appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on June 29, 2018. Eighth Judicial District Court, Clark County; William D. Kephart, Judge.

Palmer filed his petition within one year after issuance of the remittitur on direct appeal on February 20, 2018. See Palmer v. State, Docket No. 67565 (Order of Affirmance, January 25, 2018). Thus, Palmer's petition was timely filed. See NRS 34.726(1). However, Palmer's petition was successive because he had previously filed a postconviction petition for a writ of habeas corpus, and it constituted an abuse of the writ as he raised claims new and different from those raised in his previous petition.¹ See NRS 34.810(1)(b)(2); NRS 34.810(2). Palmer's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.810(1)(b); NRS 34.810(3).

1

As good cause to overcome the procedural bars, Palmer argued the district court in prior proceedings erred by construing his previous postconviction "motion to suppress evidence of statement" as a postconviction petition for a writ of habeas corpus. The Nevada Supreme Court already considered and rejected this claim. See Palmer v. State, Docket No. 70970 (Order of Affirmance, March 15, 2018). Therefore, this claim is barred by the doctrine of law of the case, which "cannot be avoided by more detailed and precisely focused argument." Hall v. State, 91 Nev. 314, 316, 535 P.2d 797, 799 (1975). Accordingly, 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. William D. Kephart, District Judge

Markiece Palmer

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

Palmer v. State, Docket No. 70970 (Order of Affirmance, March 15, 2018).