Moss (Kevin) v. State C/W 66229/66230 ( 2014 )


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  •                          IN THE SUPREME COURT OF THE STATE OF NEVADA
    KEVIN LEE MOSS,                                       No 66227
    Appellant,
    vs.                                                   FILED
    THE STATE OF NEVADA,                                  DEC 1 1 2014
    Respondent.
    TRACE K. LINDEMAN
    ../PREME COURT
    CLERKg :.:1/
    BY
    DEPUTY CLERK
    KEVIN LEE MOSS,                                       No. 66229
    Appellant,
    vs.
    THE STATE OF NEVADA,
    Respondent.
    KEVIN LEE MOSS,                                       No. 66230
    Appellant,
    vs.
    THE STATE OF NEVADA,
    Respondent.
    ORDER OF AFFIRMANCE
    These are proper person appeals from an order of the district
    court denying identical post-conviction petitions for a writ of habeas
    corpus.' Fifth Judicial District Court, Nye County; Robert W. Lane,
    'These appeals have been submitted for decision without oral
    argument, NRAP 34(0(3), and we conclude that the records are sufficient
    for our review and briefing is unwarranted. See Luckett v. Warden, 
    91 Nev. 681
    , 682, 
    541 P.2d 910
    , 911 (1975).
    SUPREME COURT
    OF
    NEVADA
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    Judge. We elect to consolidate these appeals for disposition.     See NRAP
    3(b)(2).
    Appellant filed his petitions on April 11, 2014, nearly three
    years after the entry of the judgments of conviction on August 23, 2011. 2
    Appellant's petitions were therefore untimely filed and procedurally
    barred absent a demonstration of good cause—cause for the delay and
    undue prejudice. See NRS 34.726(1).
    Appellant appeared to suggest that he had good cause to
    excuse the procedural bar because, due at least in part to trial counsel's
    ineffective assistance, he was ignorant of the sentence actually imposed
    until he went before the Parole Board. Appellant failed to demonstrate
    that an impediment external to the defense prevented him from raising
    his claim in a timely post-conviction petition for a writ of habeas corpus.
    See Hathaway v. State, 
    119 Nev. 248
    , 252-53, 
    71 P.3d 503
    , 506 (2003).
    Moreover, his claim of ignorance was belied by the record as appellant was
    apprised at his sentencing hearing that the sentence in one of his cases
    was to be served consecutively to the others.    Cf. Hargrove v. State, 
    100 Nev. 498
    , 502-03, 
    686 P.2d 222
    , 225 (1984). We therefore conclude that
    2 No direct appeals were taken. We note that while denying
    appellant's petitions as procedurally barred, the district court nevertheless
    gave appellant partial relief by filing amended judgments of conviction in
    two of the three cases, granting 66 days' presentence credit in the case
    underlying Docket No. 66230, and reducing the minimum term of
    imprisonment in the case underlying Docket No. 66229. Those
    amendments are not at issue in the instant appeal and thus do not affect
    the analysis of the procedural bar. See Sullivan v. State, 
    120 Nev. 537
    ,
    541, 
    96 P.3d 761
    , 764 (2004).
    SUPREME COURT
    OF
    NEVADA                                             2
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    the district court did not err in denying appellant's petition as
    procedurally barred, and we
    ORDER the judgment of the district court AFFIRMED. 3
    Pickering
    cc: Hon. Robert W. Lane, District Judge
    Kevin Lee Moss
    Nye County District Attorney
    Attorney General/Carson City
    Nye County Clerk
    3 We  have reviewed all documents that appellant has submitted in
    proper person to the clerk of this court in these matters, 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      Coura
    OF
    NEVADA                                              3
    (0) 1947A    en
    

Document Info

Docket Number: 66227

Filed Date: 12/11/2014

Precedential Status: Non-Precedential

Modified Date: 4/17/2021