Nevada Supreme Court, 2014

Black (Anthony) v. State

Black (Anthony) v. State
Nevada Supreme Court · Decided June 11, 2014

Black (Anthony) v. State

Opinion

2000. 2 NRS 34.726(1). Appellant's claim was defaulted because it could have been raised on direct appeal, NRS 34.810(1)(b), and the motion was an abuse of the writ because it raised a claim different from those raised in his prior post-conviction petitions for a writ of habeas corpus. 3 NRS 34.810(2). Appellant's motion was therefore procedurally barred absent a demonstration of good cause and actual prejudice. NRS 34.726(1); NRS 34.810(3). Appellant did not attempt to demonstrate good cause to excuse his delay, nor could he have demonstrated prejudice because he received all of the presentence credit to which he was entitled. We therefore conclude that the district court did not err in denying the petition.

Accordingly, we ORDER the judgment of the district court AFFIRMED. 4

Pickering

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2Black v. State, Docket No. 33753 (Order Dismissing Appeal, May 25, 2000).

3Black v. State, Docket No. 38780 (Order of Affirmance, May 7, 2003); Black v. State, Docket No. 44472 (Order of Affirmance, April 27, 2005).

4We have reviewed all documents that appellant has submitted in proper person to the clerk of this court in this matter, and we conclude that no relief based upon those submissions is warranted. To the extent that appellant has attempted to present claims or facts in those submissions which were not previously presented in the proceedings below, we have declined to consider them in the first instance.

SUPREME COURT OF NEVADA (0) 1947A cc: Hon. Linda Marie Bell, District Judge Anthony Ross Black Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A gem

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