Moraga (Roy) v. State ( 2014 )


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  • NRS 34.810(1)(b)(2); NRS 34.810(2). Appellant's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3). Moreover, because the State specifically pleaded laches, appellant was required to overcome the rebuttable presumption of prejudice. NRS 34.800(2). Appellant made no cogent good cause argument excusing his procedural defaults and failed to overcome the presumption of prejudice to the State. Therefore, we conclude that the district court did not err in denying the petition as procedurally barred and barred by laches. Accordingly, we ORDER the judgment of the district court AFFIRMED. 3 Pi J. Cara7 Parraguirre J. Saitta cc: Hon. Elissa F. Cadish, District Judge Roy Daniels Moraga Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk 3 We deny as moot appellant's motion and request to dismiss the appeal without prejudice. SUPREME COURT OF NEVADA 2 (0) 1947A arleto

Document Info

Docket Number: 64639

Filed Date: 4/10/2014

Precedential Status: Non-Precedential

Modified Date: 10/30/2014