Opinion
86551-COA
02-28-2024
JOHN BRIAN RAY, Appellant, v. THE STATE OF NEVADA, Respondent.
UNPUBLISHED OPINION
ORDER OF AFFIRMANCE
Gibbons, C.J.
John Brian Ray appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on February 2, 2023. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge. Ray filed his petition nearly 19 years after entry of the judgment of conviction on March 18, 2004. Thus, Ray's petition was untimely filed. See NRS 34.726(1). Ray's petition was procedurally barred absent a demonstration of good cause-cause for the delay and undue prejudice. See id. Further, because the State specifically pleaded laches, Ray was required to overcome the rebuttable presumption of prejudice to the State. See NRS 34.800(2). Ray failed to allege good cause to overcome i the procedural bars. He also failed to rebut the presumption of prejudice.
Ray did not appeal from his judgment of conviction.
Therefore, we conclude that the district court did not err by denying the petition as procedurally barred and barred by laches. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
Bulla J. Westbrook J.
Hon. Tierra Danielle Jones, District Judge