same claims regarding his habitual criminal adjudication in a motion to
modify sentence filed on December 19, 2012, which had it been filed as a
post-conviction petition for a writ of habeas corpus, would have been
timely. Therefore, appellant failed to demonstrate cause for the delay.
Appellant also claimed that he could overcome the procedural
bar because he was actually innocent of the habitual criminal adjudication
because the State failed to provide certified copies of his prior convictions.
Appellant did not demonstrate actual innocence because he failed to show
that "'it is more likely than not that no reasonable juror would have
convicted him in light of, . . new evidence." Calderon v. Thompson, 523
U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see
also Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001);
Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). We
therefore conclude that the district court did not err in denying appellant's
petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
/ Lee-A
Hardesty
Douglas
\ J.
ch9A.7 ,
J.
Cherry
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Carolyn Ellsworth, District Judge
Robert Earl Wright
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
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