Foster (Brent) v. State

that the district court erred by denying his untimely petition. See NRS 34.726(1); NRS 34.800(2); State v. Eighth Judicial Dist. Court (Riker), 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005) (application of the procedural bars is mandatory); Hathaway v. State, 119 Nev. 248, 252, 255, 71 P.3d 503, 506, 508 (2003) (explaining when "WTI impediment external to the defense" or counsel's failure to file a direct appeal can establish good cause to excuse an untimely petition); see generally Phelps v. Dir. Nev. Dep't of Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988), superseded by statute on other grounds as stated in State v. Haberstroh, 119 Nev. 173, 180-81, 69 P.3d 676, 681 (2003). Accordingly, we ORDER the judgment of the district court AFFIRMED. 2

J.

Saitta cc: Hon. Michael Villani, District Judge

Keith C. Brower

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

...continued (requiring that copies of all necessary transcripts be included in the appendix).

2Although we filed the fast track response submitted by the State, it does not comply with NRAP 3C(h)(1) and NRAP 32(a)(4) because it is not double-spaced. We caution the State that future failure to comply with applicable rules may result in the imposition of sanctions. NRAP 3C(n).