Partida (Marcelo) v. Warden
Partida (Marcelo) v. Warden
Opinion
delay in filing the instant [p]etition." See NRS 34.726(1); NRS 34.810(2), (3); Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). The district court further determined that Partida "fails to assert any facts whatsoever that would support a conclusion that he is actually innocent of the crimes for which he was convicted; instead [he] merely contends that 'his convictions and the lengthy sentences . . . constitute a miscarriage of justice." See Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001); see also Bousley v. United States, 523 U.S. 614, 623-24 (1998); Mitchell v. State, 122 Nev. 1269, 1273-74, 149 P.3d 33, 36 (2006). We conclude that the district court did not err by dismissing Partida's petition without conducting an evidentiary hearing. See State v. Huebler, 128 Nev. , 275 P.3d 91, 95 (2012) ("We give deference to the district court's factual findings regarding good cause, but we will review the [district] court's application of the law to those facts de novo."). Accordingly, we ORDER the judgment of the district court AFFIRMED.
J.
Pickering
4-X-5i-02-56C
Itzti_ Saitta cc: Hon. Scott N. Freeman, District Judge Karla K. Butko Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk SUPREME COURT OF NEVADA (0) 1947T zig&47
Case-law data current through December 31, 2025. Source: CourtListener bulk data.