Zuniga v. Williams

Silver

Edmundo Antonio Zuniga appeals from an order of the district court denying the postconviction petition for a writ of habeas corpus he filed on October 31, 2013. Second Judicial District Court, Washoe County; Lidia Stiglich, Judge.

Zuniga filed his petition nearly seven years after entry of the judgment of conviction on December 15, 2006, Thus, Zuniga's petition was untimely filed. See NRS 34.726(1). Zuniga's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.

Zuniga claimed he had good cause because trial counsel failed to inform him of his right to appeal. Zuniga failed to demonstrate good cause to overcome the procedural bars because this claim could have been raised in a previous petition. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003). In fact, Zuniga did previously raise this claim in a prior untimely petition. Therefore, the district court did not err by denying this good-cause claim.

To the extent Zuniga argues on appeal he had good cause to overcome the procedural bars because he only recently learned English, this claim was not raised in his petition below. Because this claim was not raised below, we decline to consider it for the first time on appeal. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we conclude the district court did not err in denying the petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.

/s/_________, C.J.

Silver

/s/_________, J.

Tao

/s/_________, J.

Gibbons cc: Chief Judge, Second Judicial District Court

Second Judicial District Court, Dept. 8

Edmundo Antonio Zuniga

Attorney General/Carson City

Washoe County District Attorney

Washoe District Court Clerk