postconviction habeas petition. Appellant's claims were therefore reasonably available to be raised in a timely petition.

Further, appellant has not demonstrated that any "impediment external to the defense prevented him" from filing a timely petition. Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). Appellant's argument that it was counsel's fault is unavailing as counsel is clearly part of "the defense." Nor was the filing of the motion for new trial good cause because it did not prevent the filing of a timely postconviction habeas petition. Cf. Colley v. State, 105 Nev. 235, 236, 773 P.2d 1229, 1230 (1989) (holding that choosing to pursue federal habeas relief first is not good cause for a delay in pursuing state postconviction relief). Finally, the State's actions did not impede appellant's ability to file a timely postconviction petition. Although the State did not seek a writ to prohibit the district court from conducting an evidentiary hearing on the motion for new trial until after the filing deadline for a timely petition, it had announced its intention to seek a writ at a hearing on August 10, 2011, more than two months before the deadline. Further, the State's suggestion at the August 3, 2011, hearing that a postconviction habeas petition was the appropriate remedy did not bar the State from subsequently seeking to dismiss the petition as procedurally barred where, even had the State made any representation about procedural bars, their application is mandatory. State v. Eighth Judicial Dist. Court, 121 Nev. 225, 231, 112 P.3d 1070, 1074 (2005); see also State v. Haberstroh, 119 Nev. 173, 181, 69 P.3d 676, 682 (2003) (holding that parties may not stipulate to disregard procedural bars).

SUPREME COURT OF NEVADA

(0) 1947A For the foregoing reasons, we conclude that the district court did not err in denying the petition as procedurally barred without first conducting an evidentiary hearing, and we ORDER the judgment of the district court AFFIRMED.

, C.J.

Hardesty

teag= Parraguirr e 46 .1 J.

LA-1 I 4--3 Douglas

cc: Hon. David B. Barker, District Judge Christopher R. Oram Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT Of NEVADA (0) I947A