Foster (Troy) v. State

Opinion

Appellant claimed that the Ninth Circuit Court of Appeals'

decision in Jackson v. Nevada, 688 F.3d 1091 (9th Cir. 2012), provided good cause to re-argue his claim that he was denied his right to present a complete defense. The Jackson decision, however, has since been reversed by the United States Supreme Court, see Nevada v. Jackson, U.S. 133 S. Ct. 1990 (2013), and does not stand for any new proposition as to the right to a complete defense. Thus, appellant failed to demonstrate good cause, and we conclude that the district court did not err in denying the petition as procedurally barred. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Hardesty

A ecA frewin , J.

J.

Douglas

J.

cc: Hon. Janet J. Berry, District Judge Troy Anthony Foster Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA

2

991 1947A 9(1V99