Opinion
No. 57668.
09-15-2011
Michael J. ZELLIS, Appellant, v. The STATE of Nevada, Respondent.
Michael J. Zellis Attorney General/Carson City Clark County District Attorney
Michael J. Zellis
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is a proper person appeal from an order of the district court denying a motion for new trial. Eighth Judicial District Court, Clark County; Jackie Glass, 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).
In his motion filed on December 11, 2010, appellant alleged that numerous errors were made at trial. These claims were improper as the motion was filed more than seven days after the verdict and the claims were not based on newly discovered evidence. See NRS 176 .515. To the extent that appellant attempted to raise claims of new evidence, appellant failed to demonstrate that the evidence was newly discovered because appellant had knowledge prior to trial regarding the status of the hacksaw and received the police reports in discovery. Therefore, the district court did not err in denying the motion. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.
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