demonstration of good cause and actual prejudice. See NRS 34.726(1);
NRS 34.810(1)(b); NRS 34.810(3).
Relying in part on Martinez v. Ryan, 566 U.S. , 132 S. Ct.
1309 (2012), appellant argued that ineffective assistance of post-conviction
counsel excused his procedural defects. Ineffective assistance of post-
conviction counsel would not be good cause in the instant case because the
appointment of counsel in the prior post-conviction proceedings was not
statutorily or constitutionally required. Crump v. Warden, 113 Nev. 293,
303, 934 P.2d 247, 253 (1997); McKague v. Warden, 112 Nev. 159, 164, 912
P.2d 255, 258 (1996). Further, this court has recently held that Martinez
does not apply to Nevada's statutory post-conviction procedures, see Brown
v. McDaniel, Nev. , P.M (Adv. Op. No. 60, August 7, 2014),
and thus, Martinez does not provide good cause for this late and successive
petition. Accordingly, we
ORDER the judgment of the district court AFFIRMED. 3
/
Hardesty
iZte
s J. J.
Douglas
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) 1947A
cc: Hon. Robert W. Lane, District Judge
Gregory Allen Hatfield
Nye County District Attorney
Attorney General/Carson City
Nye County Clerk
SUPREME COURT
OF
NEVADO).
3
(0) 1947A eieirc.
Hatfield (Gregory) v. Warden
Combined Opinion