Smith (Phillip) v. State

Appellant did not attempt to demonstrate good cause to excuse his delay. We therefore conclude that the district court did not err in denying his petition as procedurally time barred, and we ORDER the judgment of the district court AFFIRMED. 2

J. Hardesty

Douglas tott% , it a)

Cherry

2 We 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.

The district court did not abuse its discretion in denying appellant's request for the appointment of post-conviction counsel. See NRS 34.750.

SUPREME COURT

OF

NEVADA (0) I94Th cc: Hon. David B. Barker, District Judge

Phillip Smith

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0) 1947A e