Woomer (Michael) v. Pitts ( 2014 )


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  •                 Appellant's motion was procedurally barred absent a demonstration of
    good cause—cause for the delay and undue prejudice. See id.
    Appellant did not attempt to demonstrate cause for the delay.
    To the extent that appellant argued that the procedural bars did not apply
    because he was challenging the constitutionality of the laws and the
    jurisdiction of the courts, appellant's argument was without merit.
    Appellant's claims challenge the validity of the judgment of conviction,
    and thus, the procedural bars do apply in this case. 3 See NRS 34.720(1);
    NRS 34.724(1). Because appellant did not demonstrate good cause, the
    motion was procedurally barred. Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    IPTCUITAA.. IL         J.
    Pickering
    a rr a atritre.
    Saitta
    3 Appellant's claims did not implicate the jurisdiction of the courts.
    Nev. Const. art. 6, § 6; NRS 171.010. We note that the Statutes of Nevada
    contain the laws with the enacting clauses required by the constitution.
    The Nevada Revised Statutes simply reproduce those laws as classified,
    codified, and annotated by the Legislative Counsel. NRS 220.120.
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc: Hon. Nancy L. Porter, District Judge
    Michael Woomer
    Attorney General/Carson City
    Elko County District Attorney
    Elko County Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 64863

Filed Date: 7/22/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014