Moreover, because the State specifically pleaded laches, appellant was required to overcome the rebuttable presumption of prejudice. NRS 34.800(2).

On appeal, appellant argues that the district court erred in denying his actual-innocence claim without first conducting an evidentiary hearing, and that his actual innocence claim itself excuses the procedural bars. Although a claim of actual innocence can overcome procedural bars, see Schlup v. Delo, 513 U.S. 298, 314 15 (1995); Mazzan v. Warden, 112 -

Nev. 838, 842, 921 P.2d 920, 922 (1996), this court has never recognized a freestanding claim of actual innocence. However, even assuming such a claim is cognizable in a post-conviction petition for a writ of habeas corpus, appellant's failure to provide the trial transcripts precludes our review of this claim. See Greene v. State, 96 Nev. 555, 558, 612 P.2d 686, 688 (1980) ("The burden to make a proper appellate record rests on appellant.").

Appellant thus fails to demonstrate that the district court erred in denying the petition, and we ORDER the judgment of the district court AFFIRMED.

h-LA &GA J.

Hardesty

Douglas

Ova Cherry

SUPREME COURT OF NEVADA (0) 1947A cc: Chief Judge, Ninth Judicial District Court Hon. J. Charles Thompson, Senior Judge Christopher R. Oram Attorney General/Carson City Douglas County District Attorney/Minden Douglas County Clerk

SUPREME COURT OF NEVADA (0) 1947A