Holman (Jerry) v. State

Opinion

petition for a writ of habeas corpus within one year of the issuance of the remittitur from his direct appeal. Appellant did not demonstrate that there was an impediment external to the defense that should excuse the procedural bars, and he failed to demonstrate that he could not have raised his claims at an earlier time. See Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003). In addition, appellant failed to overcome the presumption of prejudice to the State. Therefore, the district court did not err in denying the petition as procedurally barred. Accordingly, we ORDER the judgment of the district court AFFIRMED. 2

Pickering

Parraguirre

J. Saitta

cc: Hon. Kathleen E. Delaney, District Judge Jerry Lee Holman Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

2 We also conclude that the district court did not err in declining to appoint post-conviction counsel. See NRS 34.750.

SUPREME COURT OF NEVADA 2 (0) 1947A ea>