Opinion
No. 75402
10-24-2018
ALFREDO VILLA-CARDENAS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Alfredo Villa-Cardenas appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on November 17, 2017. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.
This appeal has been submitted for decision without oral argument. NRAP 34(f)(3).
Villa-Cardenas filed his petition more than 19 years after issuance of the remittitur on direct appeal on March 18, 1998. See Villa-Cardenas v. State, Docket No. 28131 (Order Dismissing Appeal, February 27, 1998). Villa-Cardenas' petition was therefore untimely filed. See NRS 34.726(1). His petition was also abusive as he raised claims new and different from those in his earlier petition. NRS 34.810(2). Villa-Cardenas' petition was therefore procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3).
See Villa-Cardenas v. State, Docket No. 33544 (Order of Affirmance, February 22, 2001).
Villa-Cardenas did not allege good cause in his petition. To the extent he attempts to raise good-cause arguments in his informal brief, we decline to consider his arguments raised for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Finally, Villa-Cardenas did not demonstrate actual innocence because he failed to show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). We therefore conclude the district court did not err by denying Villa-Cardenas' petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
We conclude the district court did not abuse its discretion by declining to appoint postconviction counsel. See NRS 34.750(1); Renteria-Novoa v. State, 133 Nev. ___, ___, 391 P.3d 760, 760-61 (2017). --------
/s/_________, C.J.
Silver
/s/_________, J.
Tao
/s/_________, J.
Gibbons cc: Hon. Eric Johnson, District Judge
Alfredo Villa-Cardenas
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk