Miller v. State, 110519 NVCA, 77911-COA

• Docket Nº: 77911-COA
• Opinion Judge: GIBBONS C.J.
• Party Name: TRE RONDELL MILLER, Appellant, v. THE STATE OF NEVADA, Respondent.
• Judge Panel: Tao, J. Bulla, J. Hon. Tierra Danielle Jones, District Judge
• Case Date: November 05, 2019
• Court: Court of Appeals of Nevada

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TRE RONDELL MILLER, Appellant,

v.

THE STATE OF NEVADA, Respondent.

No. 77911-COA

Court of Appeals of Nevada

November 5, 2019

UNPUBLISHED OPINION

ORDER OF AFFIRMANCE

GIBBONS C.J.

Tre Rondell Miller appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on January 12, 2018. Eighth Judicial District Court, Clark County; Tierra Danielle Jones, Judge.

Miller's petition was successive because he had previously filed a postconviction petition for a writ of habeas corpus and that petition was decided on the merits.¹ See NRS 34.810(2). Consequently, Miller's petition was procedurally barred absent a demonstration of good cause and actual; prejudice. See NRS 34.810(3).

Miller did not attempt to demonstrate good cause and actual prejudice. 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.

Tao, J. Bulla, J.

Hon...