Opinion
No. 57220.
11-18-2011
Shawn Lewis WHITE, Appellant, v. The STATE of Nevada, respondent.
Cannon & Tannery Attorney General/Carson City Clark County District Attorney
Cannon & Tannery
Attorney General/Carson City
Clark County District Attorney
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying appellant Shawn White's post-conviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Doug Smith, Judge.
White concedes that his petition was both untimely and successive, see NRS 34.726(1) ; NRS 34.810(2) ; however, he argues that the district court erred by failing to conduct an evidentiary hearing and denying his petition because his claim of actual innocence was sufficient to overcome the procedural bars. See Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519, 537 (2001). The affidavits submitted by White in support of his claims did not establish that he is actually innocent of all charges, including those forgone by the State as part of the plea agreement. See Bouslev v. United States, 523 U.S. 614, 623–24 (1998). Therefore, we conclude the district court did not err by dismissing White's petition without first conducting an evidentiary hearing, and we
ORDER the judgment of the district court AFFIRMED.