Nevada Supreme Court, 2013

Daniels (James) v. State

Daniels (James) v. State
Nevada Supreme Court · Decided July 22, 2013

Daniels (James) v. State

Opinion

we need not address it on appeal in the first instance. 2 See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Additionally, although Daniels challenged the sufficiency of the evidence and propriety of the jury instructions in his timely direct appeal, see Daniels v. State, Docket No. 53818 (Order of Affirmance, May 7, 2010), he did not raise these issues in the instant habeas petition filed below. Therefore, we decline to address these claims. See McNelton, 115 Nev. at 416, 990 P.2d at 1276.

Daniels' petition was untimely because it was filed 20 months after this court issued its remittitur in his direct appeal and, failing to demonstrate good cause, prejudice, or a miscarriage of justice, the district court should have denied his petition on this basis alone. See NRS 34.726(1); Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996); see also State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 236, 112 P.3d 1070, 1077 (2005) (application of procedural default rules is mandatory). Nevertheless, the district court considered the merits of Daniels' claim that appellate counsel was ineffective and concluded that counsel was not deficient and that Daniels failed to demonstrate prejudice.

See Strickland v. Washington, 466 U.S. 668, 687 88, 694 (1984); see also -

Kirksey v. State, 112 Nev. 980, 998, 923 P.2d 1102, 1113-14 (1996). We conclude that the district court reached the right result, albeit for the wrong reason. Wyatt v. State, 86 Nev. 294, 298, 468 P.2d 338, 341 (1970) ("If a judgment or order of a trial court reaches the right result, although

2 Inhis petition below, Daniels erroneously claimed "[t]he petition is being filed within the one year date of the remittitur." SUPREME COURT OF NEVADA (0) 1947A

ENWIM it is based on an incorrect ground, the judgment or order will be affirmed on appeal."). Accordingly, we ORDER the judgment of the district court AFFIRMED.

44.4_7c Hardesty

cc: Hon. Valorie J. Vega, District Judge Leslie A. Park Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A

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