Harris (Brandon) v. State

• Court: Nevada Supreme Court
• Decided: May 13, 2014
• Docket: 64721
• Status: Unpublished

Opinion

from the probation revocation appeal on June 5, 2012, Harris v. State, Docket No. 58509 (Order of Affirmance, May 9, 2012). Under these circumstances, appellant failed to demonstrate that the probation revocation proceedings or the appeal taken from those proceedings excused the entire delay as his claims challenging the revocation were reasonably• available to be raised at an earlier time. See Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). Moreover, the order revoking probation did not provide good cause to raise claims challenging the validity of the judgment of conviction. See generally Sullivan v. State, 120 Nev. 537, 540, 96 P.3d 761, 764 (2004). Therefore, the district court did not err in denying the petition as procedurally barred. Accordingly, we ORDER the judgment of the district court AFFIRMED. 3

J. Hardesty

&Let I 4r51 J. Douglas

akzArvi , J. Cherry

3 We have reviewed all documents that appellant has submitted in proper person 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.

SUPREME COURT OF NEVADA 2 (0) 1947A astgo cc: Hon. Valorie J. Vega, District Judge Brandon Kale Harris Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A me