Sutton (Kevin) v. State ( 2015 )

 cause and prejudice. See NRS 34.726(1). Moreover, appellant pleaded
guilty, and therefore his petition was subject to the procedural bar set
forth in NRS 34.810(1)(a). Further, because the State pleaded ladies,
appellant was required to overcome the presumption of prejudice to the
State. See NRS 34.800(1), (2).
Appellant failed to demonstrate good cause and prejudice to
overcome the procedural default, see Brown v. McDaniel, 130 Nev. Adv.
Op. 60, 331 P.3d 867, 870 (2014), or that the failure to consider his claims
amounts to a fundamental miscarriage of justice, Mitchell v. State, 122
Nev. 1269, 1273-74, 149 P.3d 33, 36 (2006). Appellant also failed to
overcome the presumption of prejudice to the State. Accordingly, we
conclude that the district court did not err in denying the petition as
procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
J.
J.
Gibbons
J.
cc: Hon. Susan Johnson, District Judge
Kevin Devon Sutton
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
2
(0) 1947A