Abara (David) v. State

reasonable time after discovery of the withheld evidence, see State v. Huebler, 128 Nev. , n.3, 275 P.3d 91, 95 n.3 (2012); see also Hathaway v. State, 119 Nev. 248, 254-55, 71 P.3d 503, 507-08 (2003). Appellant did not state when he discovered the allegedly withheld evidence and thus failed to demonstrate cause for the delay. To the extent appellant argued that the ineffective assistance of counsel was good cause, that claim itself was procedurally barred and thus could not have constituted good cause. See Hathaway, 119 Nev. at 252-53, 71 P.3d at 506. Second, appellant argued that he was actually innocent such that denying consideration of his substantive claims would result in a fundamental miscarriage of justice. Appellant did not demonstrate actual innocence because he failed to show that "it is more likely than not that no reasonable juror would have convicted him in light of the new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quoting Schlup v. Delo, 513 U.S. 298, 327 (1995)); see also Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001); Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). We therefore conclude that the district court did not err in denying appellant's petition. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Saitta

SUPREME COURT

OF

NEVADA (0) 1947A e cc: Hon. Elliott A. Sattler, District Judge David Abara

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e