Opinion
No. 66367
02-24-2015
SYLVESTER TATUM, Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying a post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Carolyn Ellsworth, Judge.
This appeal has been submitted for decision without oral argument, see NRAP 34(f)(3), and we conclude that the record is sufficient for our review and briefing is unwarranted, see Luckett v. Warden, 91 Nev. 681, 682, 541 P.2d 910, 911 (1975).
Appellant's May 14, 2014, petition was untimely because it was filed more than two years after the Nevada Supreme Court issued the remittitur on direct appeal on November 1, 2011. See NRS 34.726(1). Appellant's petition was also successive because he had previously filed a post-conviction petition for a writ of habeas corpus. See NRS 34.810(2). Consequently, appellant's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(3).
See Tatum v. State, Docket No. 57119 (Order Affirming and Remanding, October 5, 2011).
See Tatum v. State, Docket No. 64394 (Order of Affirmance, June 12, 2014).
Appellant failed to allege any good cause and actual prejudice to overcome the procedural bars. Accordingly, we conclude that the district court did not err in denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
We have reviewed all documents that appellant has submitted 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.
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/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. Carolyn Ellsworth, District Judge
Sylvester Tatum
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk