Carpenter (Ernest) v. State

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

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