Leslie v. State, 051519 NVSC, 75770
|Opinion Judge:||Gibbons C.J.|
|Party Name:||WILBERT EMORY LESLIE, III, Appellant, v. THE STATE OF NEVADA, Respondent.|
|Judge Panel:||Stiglich J., Silver J. Hon. Stefany Miley, District Judge.|
|Case Date:||May 15, 2019|
|Court:||Supreme Court of Nevada|
ORDER OF AFFIRMANCE
This is a pro se appeal from, a district court order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
filed the instant petition in 2017, more than 18 years after
the remittitur issued on direct appeal. Leslie v.
State, 114 Nev. 8, 952 P.2d 966 (1998). Thus, the
petition was untimely filed.
Appellant claims that the district court erred by denying his petition as procedurally barred. He argues that he was entitled to the retroactive application of Byford v. State, 116 Nev. 215, 994 P.2d 700 (2000), because recent decisions by the United States Supreme Court in Welch v. United States, 136 S.Ct. 1257 (2016), and Montgomery v. Louisiana, 136 S.Ct. 718 (2016), changed the framework under which retroactivity is analyzed and provide good cause to excuse the procedural bars. We disagree.
In both Welch and Montgomery, the Court...
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