Holden (Jim) v. State

Opinion

Appellant contends that the district court erred by denying his petition because Lafler v. Cooper, 566 U.S. , 132 S. Ct. 1376 (2012), and Missouri v. Frye, 566 U.S. 132 S. Ct 1399 (2012), provided good cause to excuse the procedural bars. We disagree. Appellant's case was final when those cases were decided and he fails to demonstrate that their holdings apply retroactively to him. See Clem v. State, 119 Nev. 615, 627- 28, 81 P.3d 521, 530-31 (2003). Moreover, appellant fails to demonstrate prejudice because he concedes that his ineffective-assistance claim under Cooper and Frye lacks merit and is not properly litigated in this appeal. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Saitta

Gibboris Pickering Plek0A ,J.

cc: Hon. Carolyn Ellsworth, District Judge Karen A. Connolly, Ltd. Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A