Nevada Supreme Court, 2014

Jung (Koo) v. State

Jung (Koo) v. State
Nevada Supreme Court · Decided December 10, 2014

Jung (Koo) v. State

Opinion

To the extent appellant argued that his petition was delayed because of the "malfeasance" of retained post-conviction counsel, his claim lacked merit. Appellant provided no information as to when he retained or terminated his relationship with post-conviction counsel, alleging only that counsel "wasted" nine months of time between April 2013 and January 2014. Even if this were true, the alleged malfeasance would not have established good cause for the entire length of the delay. Id. Finally, to the extent appellant attempted to overcome his procedural defect by characterizing the petition as a "First Amendment Petition" or by couching his claims as "jurisdictional" in nature, his claims lacked merit. Appellant failed to demonstrate any unconstitutional prior restraint of his First Amendment rights. See NRS 34.185(1). Further, his claims did not implicate the jurisdiction of the district court. See Nev. Const. art. 6, § 6; NRS 171.010. Accordingly, we conclude that the district court did not err in denying appellant's petition as procedurally barred, and we ORDER the judgment of the district court AFFIRMED. 2

C.J.

Gibbo

J. J.

Pickering Saitta

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.

SUPREME COURT OF NEVADA (0) I947A cc: Hon. Scott N. Freeman, District Judge Koo Kwang Jung Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT Of NEVADA 10) 1947A 0

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