Bates v. State, 031920 NVCA, 77531-COA

Docket Nº:77531-COA
Opinion Judge:Gibbons C.J.
Party Name:JAMES EDWARD BATES, JR., Appellant, v. THE STATE OF NEVADA, Respondent.
Judge Panel:Tao J., Bulla J. Hon. Michael Villani, District Judge
Case Date:March 19, 2020
Court:Court of Appeals of Nevada
 
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JAMES EDWARD BATES, JR., Appellant,

v.

THE STATE OF NEVADA, Respondent.

No. 77531-COA

Court of Appeals of Nevada

March 19, 2020

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

Gibbons C.J.

James Edward Bates, Jr. appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on December 8, 2014. Eighth Judicial District Court, Clark County; Michael, Villani, Judge.

The district court denied Bates' petition because it was untimely filed and Bates failed to demonstrate good cause to overcome the procedural defect. See NRS 34.726(1). The district court also denied Bates' petition because the State affirmatively pleaded laches and Bates did not rebut the presumption of prejudice to the State. See NRS 34.800(2).

On appeal, Bates claims the district court should have conducted an evidentiary hearing to determine whether his mental health issues and learning disabilities provided good cause to excuse his untimely postconviction habeas petition. However, to warrant an evidentiary hearing, a petitioner must allege specific facts that are not belied by the record and that, if true, would entitle him to relief. Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984).

Bates did not allege specific facts that if true would entitle him to relief because a petitioner's mental health issues do not constitute good cause to excuse the petition's procedural defects. See Phelps v. Director, Nev...

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