Sutton (Kevin) v. State

Opinion

cause and prejudice. See NRS 34.726(1). Moreover, appellant pleaded guilty, and therefore his petition was subject to the procedural bar set forth in NRS 34.810(1)(a). Further, because the State pleaded ladies, appellant was required to overcome the presumption of prejudice to the State. See NRS 34.800(1), (2). Appellant failed to demonstrate good cause and prejudice to overcome the procedural default, see Brown v. McDaniel, 130 Nev. Adv. Op. 60, 331 P.3d 867, 870 (2014), or that the failure to consider his claims amounts to a fundamental miscarriage of justice, Mitchell v. State, 122 Nev. 1269, 1273-74, 149 P.3d 33, 36 (2006). Appellant also failed to overcome the presumption of prejudice to the State. Accordingly, we conclude that the district court did not err in denying the petition as procedurally barred, and we ORDER the judgment of the district court AFFIRMED.

J.

J. Gibbons

cc: Hon. Susan Johnson, District Judge Kevin Devon Sutton Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A