procedurally barred absent a demonstration of good cause and actual
prejudice. See NRS 34.726(1); NRS 34.810(3).
Appellant claimed he had good cause to excuse the procedural
bars because the State "imposed an impediment," judicial misconduct,
fraudulent misrepresentation, the inadequate law library, lack of access to
the law library, and clerical malfeasance. Appellant failed to demonstrate
good cause as he merely listed these claims and provided no specific facts
to support them. See State v. Haberstroh, 119 Nev. 173, 181, 69 P.3d 676,
681 (2003).
Next, appellant claimed NRS 34.810 is unconstitutionally
vague, ambiguous, and burdensome. However, the procedural bars
reasonably regulate post-conviction petitions for a writ of habeas corpus,
and are therefore constitutional. See Pellegrini v. State, 117 Nev. 860,
878, 34 P.3d 519, 531 (2001) (citing Passanisi v. Director, Dep't Prisons,
105 Nev. 63, 66, 769 P.2d 72, 74 (1989)). The district court did not err in
dismissing appellant's petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
' J.
Hardesty
J.
Parraguirre Cherry
. . continued
2012); Smith v. State, Docket No. 60696 (Order Dismissing Appeal, May
17, 2012).
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cc: Hon. Abbi Silver, District Judge
Michael Duane Smith
Attorney GenerallC arson City
Clark County District Attorney
Eighth District Court Clerk
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