-
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Precedential Status: Non-Precedential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