To overcome the procedural bars, appellant claimed that
Graham v. Florida, 560 U.S. , 130 S. Ct. 2011 (2010), provided good
cause to challenge his sentence. Even assuming Graham provided good
cause, appellant waited approximately two years from the issuance of that
decision and failed to explain the entire delay. See Hathaway v. State, 119
Nev. 248, 252, 71 P.3d 503, 506 (2003). In addition, appellant cannot
demonstrate actual prejudice related to the Graham decision. In Graham,
the Supreme Court determined that the Eighth Amendment barred
imposition of sentences of life without the possibility of parole for juvenile
offenders who did not commit homicide. 560 U.S. at , 130 S. Ct. at
2034. Because appellant was convicted of first-degree murder, the
Graham decision had no bearing on his sentence. Therefore, the district
court did not err in denying the petition as procedurally barred.
Accordingly, we
ORDER the judgment of the district court AFFIRMED. 4
Hardesty
COO- Ct-52---k7"---77
Parraguirre Cherry
4We 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.
SUPREME COURT
OF
NEVADA
2
(0) 1947A
114191121MBENt, '`VANIXE/k-LZ,5,M
':.=
cc: Hon. Brent T. Adams, District Judge
Brian Lee Allen
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A
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