Torres (Joe) v. State ( 2015 )


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  •                 34.810(3). Appellant did not attempt to demonstrate good cause to excuse
    the procedural default on the face of the petition. Further, his claim that
    he is actually innocent of his crimes lacks merit because that claim is
    grounded in legal rather than factual innocence.      See Bousley v. United
    States, 
    523 U.S. 614
    , 623-24 (1998) (observing that actual innocence
    exception to excusing procedural default is grounded in factual rather
    than legal innocence); Mitchell v. State, 
    122 Nev. 1269
    , 1273-74, 
    149 P.3d 33
    , 36 (2006) (observing that lajctual innocence means factual innocence,
    not mere legal insufficiency" (internal quotation marks omitted)).
    Therefore, we conclude that the district court did not err by denying
    appellant's petition as procedurally barred. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    , C.J.
    J.
    Parraguirre                               Douglas
    cc: Hon. Scott N. Freeman, District Judge
    Joe Tony Torres
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    

Document Info

Docket Number: 67959

Filed Date: 11/13/2015

Precedential Status: Non-Precedential

Modified Date: 4/18/2021