Opinion
No. 61370
04-09-2013
LANCE SPEAKE, 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An unpublished order shall not be regarded as precedent and shall not be cited as legal authority.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 proper person appeal from an order of the district court denying a post-conviction petition for a writ of habeas corpus.Eighth Judicial District Court, Clark County; Valerie Adair, 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 petition on February 28, 2012, almost 3 years after entry of the judgment of conviction on March 23, 2009. Thus, appellant's petition was untimely filed. NRS 34.726(1). Appellant's petition was procedurally barred absent a demonstration of good cause: cause for the delay and undue prejudice. Id. Good cause must be an impediment external to the defense. Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003).
Appellant claimed that he had good cause because he did not understand the law and was mentally challenged. Based upon our review of the record on appeal, we conclude that the district court did not err in determining that appellant failed to demonstrate cause for the delay. Appellant's lack of knowledge about the law and mental challenges are not impediments external to the defense. See Phelps v. Director, Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988). Accordingly, we
We note that appellant was determined to be competent during the trial proceedings and litigated a post-conviction motion to withdraw the plea prior to the filing of this petition.
ORDER the judgment of the district court AFFIRMED.
We deny appellant's request for counsel.
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_________________, J.
Hardesty
_________________, J.
Parraguirre
_________________, J.
Cherry
cc: Hon. Valerie Adair, District Judge
Lance Speake
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk