at the sentencing hearing. 2 Appellant failed to demonstrate good cause
because his claim that trial counsel was ineffective was itself procedurally
barred. Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003).
Therefore, we conclude the district court did not err in denying appellant's
petition, and we
ORDER the judgment of the district court AFFIRMED.
11
Hardesty
,A frea.4±,
J.
J.
2 We note that appellant's reliance on Martinez is misplaced for two
reasons. First, Martinez provides good cause based on ineffective
assistance of post-conviction counsel for a federal court to consider claims
that were procedurally defaulted in state court. This is appellant's first
post-conviction petition; therefore, there is no claim of ineffective
assistance of post-conviction counsel. Second, we have recently held that
Martinez does not apply to Nevada's statutory post-conviction procedures.
See Brown v. McDaniel, Nev. , P.3d (Adv. Op. No. 60,
August 7, 2014).
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. Elissa F. Cadish, District Judge
Ralph Fuller
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A .ze/w4