petition was procedurally barred absent a demonstration of good cause
and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS
34.810(3). Based upon our review of the record on appeal, we conclude
that the district court did not err in dismissing the petition as
procedurally barred for the reasons discussed below.
First, appellant claims that the district court erred in denying
his claim that he had good cause to file an untimely and successive
petition because he received ineffective assistance of post-conviction
counsel. Appellant fails to demonstrate that the district court erred. At
the time that appellant filed his first post-conviction petition, he was
statutorily entitled to the appointment of counsel, which meant he was
entitled to the effective assistance of post-conviction counsel. See Crump
v. Warden, 113 Nev. 293, 297 n. 2, 303, 934 P.2d 247, 249 n. 2, 253 (1997)
(discussing former NRS 177.345(1)). However, appellant previously raised
this claim in a prior petition in an attempt to overcome the procedural
bars. Matylinsky tr. State, Docket No. 38746 (Order of Affirmance,
September 12, 2002). This court concluded that the claim was
procedurally barred. Id. Therefore, this claim is barred by the doctrine of
law of the case. See Hall v. State, 91 Nev. 314, 535 P.2d 797 (1995).
Further, appellant's reliance on Martinez v.• Ryan, 566 U.S. , 132 S. Ct.
1309 (2012) is misplaced. Even assuming Martinez applies to state courts
and is retroactive, Martinez does not provide good cause because appellant
was entitled to the effective assistance of counsel for his first post-
conviction petition as a matter of state law. Therefore, that claim was
available to be asserted as good cause long before Martinez was decided.
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Second, appellant claims that the district court erred in
denying his claim that he had good cause to file an untimely and
successive petition because he has continuously litigated the
constitutionality of his conviction. Appellant fails to demonstrate that the
district court erred. Appellant fails to demonstrate that an impediment
external to the defense prevented him from filing his claims in a timely
petition. Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003).
Continuous piecemeal litigation is not permitted under our statutory
scheme, see NRS 34.810(1)(b), (3), and appellant has not demonstrate good
cause for his failure to raise his claims earlier.
Next, appellant claims that this court should consider his
"motion for good cause to file supplemental petitions for writs of habeas
corpus," "Petitioner's (189 Supplemental Petition for Writ of Habeas
Corpus," and "Petitioner's (2nd) Supplemental Petition for Writ of Habeas
Corpus," which were filed in proper person after counsel was appointed
and after the motion to dismiss was filed. Appellant fails to identify any
arguments made in these documents that would be helpful to his claims
on appeal. Appellant's attempt to incorporate these claims raised below
without identification of the specific claims, cogent argument, or relevant
legal authority is improper, and we decline to consider them. See Maresca
v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). Further, the district
court did not err in denying appellant's motion to file these documents.
See NRS 34.750(5).
Finally, appellant claims that this case should be remanded to
the district court for the district court to make specific factual findings and
conclusions of law. Our review of the order shows that the district court's
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order contains sufficient factual findings and conclusions of law, and
therefore, a remand is not necessary.
Having concluded that the district court did not err in
dismissing the petition as procedurally barred, we
ORDER the judgment of the district court AFFIRMED.
J.
1.- 0a..4115s.
0 J.
Parraguirre
J.
Saitta
cc: Hon. Patrick Flanagan, District Judge
Janet S. Bessemer
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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