Nevada Supreme Court, 2019

Denson (Steven) v. State

Denson (Steven) v. State
Nevada Supreme Court · Decided March 14, 2019
Denson (Steven) v. State

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

STEVEN DENSON, No. 74929 Appellant, vs.

THE STATE OF NEVADA,

Respondent.

EL) :1"314e CL ER) BY ORDER OF AFFIRMANCE Eiltsfi'oLLK This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Fifth Judicial District Court, Nye County; Kimberly A. Wanker, Judge. Appellant argues that the district court erred by denying his petition. We disagree and affirm. Appellant filed his petition on June 25, 2010, more than one year after his judgment of conviction was entered on August 26, 2008. Thus, appellant's petition was untimely filed and subject to dismissal unless he demonstrated good cause—both cause for the delay and undue prejudice. See NRS 34.726(1). Appellant fails to allege or demonstrate good cause sufficient to excuse the untimely filing of his petition. Accordingly, we conclude that the district did not err by denying the petition, and we ORDER the judgment of the district court AFFIRMED.

, J.

Hardesty

Silver cc: Hon. Kimberly A. Wanker, District Judge

David H. Neely, III

Attorney General/Carson City

SUPREME COURT

NEVADA

(0) 1947

OF

Nye County District Attorney

Nye County Clerk _ ro A

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