court on July 12, 2012, as witnessed by another inmate, but the petition
was inexplicably never received by the court. Even assuming the truth of
appellant's assertion, a filing date of July 12, 2012, would still have meant
the petition was untimely as it was due on June 21, 2012, 366 days after
the date of entry of the judgment of conviction. 3 The fact that appellant
allegedly received incorrect advice from an inmate law clerk regarding the
one-year deadline does not constitute an impediment external to the
defense for purposes of demonstrating good cause. See Hathaway v. State,
119 Nev. 248, 252, 71 P.3d 503, 506 (2003); Phelps v. Director, Prisons, 104
Nev. 656, 660, 764 P.2d 1303, 1306 (1988).
Likewise, appellant's claim that his former trial counsel was
ineffective for failing to advise him of post-conviction remedies did not
constitute good cause. Former trial counsel did not have a constitutional
duty to inform appellant about the availability of post-conviction remedies.
See Hathaway, 119 Nev. at 252, 71 P.3d at 506 (recognizing that good
cause must be a legal excuse); see also Miranda v. Castro, 292 F.3d 1063,
1066-68 (9th Cir. 2002) (holding that equitable tolling was not warranted
where a petitioner relied on incorrect advice of former counsel because
petitioner had no right to the assistance of counsel regarding post-
conviction relief); Pena v. U.S., 534 F.3d 92, 95-96 (2d Cir. 2008) (holding
that the right to the effective assistance of counsel in a first-tier appeal
3 Theperiod for filing a timely petition was 366 days due to the leap
year in 2012. See Gonzales v. State, 118 Nev. 590, 593 n.7, 53 P.3d 901,
903 n.7 (2002).
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does not encompass a requirement that an attorney inform his client of the
possibility of certiorari review or that the attorney assist the client in
preparing such a petition); Moore v. Cockrell, 313 F.3d 880, 882 (5th Cir.
2002) (holding that the right to counsel ends when the decision by the
appellate court is entered). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
Hardesty
cc: Hon. Michelle Leavitt, District Judge
Terrance Michael Barksdale
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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