NRS 34.810(1)(b)(2); NRS 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 made no
cogent good cause argument excusing his procedural defaults and failed to
overcome the presumption of prejudice to the State. Therefore, we
conclude that the district court did not err in denying the petition as
procedurally barred and barred by laches. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 3
Pi
J.
Cara7
Parraguirre
J.
Saitta
cc: Hon. Elissa F. Cadish, District Judge
Roy Daniels Moraga
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
3 We deny as moot appellant's motion and request to dismiss the
appeal without prejudice.
SUPREME COURT
OF
NEVADA
2
(0) 1947A arleto