Carpenter (Ernest) v. State
Carpenter (Ernest) v. State
Opinion
demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3).
In an attempt to demonstrate good cause, appellant asserted that he was required to exhaust claims for federal review. Appellant failed to demonstrate that an impediment external to the defense excused his procedural defects. Lozada v. State, 110 Nev. 349, 353, 871 P.2d 944, 946 (1994). Filing a late, successive petition for exhaustion purposes is not good cause. The claims raised were reasonably available to be raised in a timely petition. Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). Therefore, we conclude that the district court did not err in dismissing the petition as procedurally barred. Accordingly, we ORDER the judgment of the district court AFFIRMED.
J.
a}tA-02-1z-V" Parraguirre
J.
Saitta
cc: Hon. Patrick Flanagan, District Judge Ernest Dean Carpenter Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk
SUPREME COURT OF NEVADA (0) 1947A e
Case-law data current through December 31, 2025. Source: CourtListener bulk data.