Opinion
No. 69790
11-18-2016
DEBARON SANDERS, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Douglas W. Herndon, Judge.
This appeal has been submitted for decision without oral argument and we conclude the record is sufficient for our review and briefing is unwarranted. NRAP 34(f)(3), (g).
Appellant Debaron Sanders filed his petition on October 8, 2015, more than two years after issuance of the remittitur on direct appeal on June 11, 2013. See Sanders v. State, Docket No. 59355 (Order of Affirmance, May 14, 2013). Thus, Sanders' petition was untimely filed. See NRS 34.726(1). Sanders' petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.
Sanders claimed the decisions in Martinez v. Ryan, 566 U.S. ___, 132 S. Ct. 1309 (2012) and Nguyen v. Curry, 736 F.3d 1287 (9th Cir. 2013) provided good cause because, in Nevada, ineffective assistance of counsel claims must be raised in a collateral proceeding; he had substantial claims of ineffective assistance of trial and appellate counsel to raise; and he did not have counsel appointed to assist him with filing his first postconviction petition. The district court determined Sanders failed to demonstrate good cause to overcome the procedural bar and denied his petition.
Sanders filed a postconviction petition for a writ of habeas corpus prior to filing the instant petition. That petition was also untimely filed and dismissed as procedurally barred. Sanders did not appeal the denial of that petition. --------
The Nevada Supreme Court has held that Martinez does not apply to Nevada's statutory postconviction procedures. See Brown v. McDaniel, 130 Nev. ___, ___, 331 P.3d 867, 871-72 (2014). Thus, the decision in Martinez did not provide good cause for filing a late petition. And because Nguyen merely discussed and applied the decision in Martinez, it also did not provide good cause to overcome the procedural bar. Therefore, we conclude the district court did not err by denying the petition as procedurally barred, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons /s/_________, J.
Tao /s/_________, J.
Silver cc: Hon. Douglas W. Herndon, District Judge
Debaron Sanders
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk