34.810(2). Appellant's 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). Moreover, because the State specifically
pleaded laches, appellant was required to overcome the rebuttable
presumption of prejudice. NRS 34.800(2).
Appellant argued that Martinez a. Ryan, 566 U.S. , 132 S.
Ct. 1309 (2012), provided good cause to overcome his procedural bars.
Even assuming without deciding that Martinez applies to state habeas
corpus proceedings, appellant was still untimely because his petition was
not filed within a reasonable time of the publishing of that decision. See
Hathaway a. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Moreover,
appellant failed to overcome the presumption of prejudice to the State
pursuant to NRS 34.800(2). We therefore conclude that the district court
did not err in denying the petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 3
3 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.
SUPREME COURT
OF
NEVADA
2
(0) 19)17A
cc: Hon. Michael Villani, District Judge
Zel Norman
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 194Th