Paine (Frederick) v. State ( 2014 )


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  •                  demonstration of good cause and actual prejudice.       See NRS 34.726(1);
    NRS 34.810(3).
    Appellant did not attempt to demonstrate good cause. 3 We
    therefore conclude that the district court did not err in denying his
    petition as procedurally barred. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    J.
    Hardesty
    Douglas
    J.
    3 Thefiling of amended judgments of conviction on December 7, 1992,
    January 12, 1993, and July 26, 1995, and a second amended judgment of
    conviction on June 20, 2012, failed to demonstrate good cause to overcome
    the procedural bars because the petition was filed more than one year
    after each of them, and appellant failed to explain the delay. See Sullivan
    v. State, 
    120 Nev. 537
    , 541, 
    96 P.3d 761
    , 764 (2004); Hathaway v. State,
    
    119 Nev. 248
    , 252-53, 
    71 P.3d 503
    , 506 (2003). The filing of the third
    amended judgment of conviction on July 5, 2012, also failed to
    demonstrate good cause because it merely corrected a clerical error in the
    credit for time served and thus had no effect on the running of the
    limitations period for filing a timely post-conviction petition for a writ of
    habeas corpus. See Sullivan, 120 Nev. at 541-42, 
    96 P.3d at 764-65
    .
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A    0
    cc: Hon. Douglas Smith, District Judge
    Frederick Lavelle Paine
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 64693

Filed Date: 5/13/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021