petition for a writ of habeas corpus within one year of the issuance of the
remittitur from his direct appeal. Appellant did not demonstrate that
there was an impediment external to the defense that should excuse the
procedural bars, and he failed to demonstrate that he could not have
raised his claims at an earlier time. See Hathaway v. State, 119 Nev. 248,
252-53, 71 P.3d 503, 506 (2003). In addition, appellant failed to overcome
the presumption of prejudice to the State. Therefore, the district court did
not err in denying the petition as procedurally barred. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 2
Pickering
Parraguirre
J.
Saitta
cc: Hon. Kathleen E. Delaney, District Judge
Jerry Lee Holman
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
2 We also conclude that the district court did not err in declining to
appoint post-conviction counsel. See NRS 34.750.
SUPREME COURT
OF
NEVADA
2
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