Kalin Olson

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Case Synopsis

In an opinion drafted by Justice Cadish, the Nevada Supreme Court considered a case in which several mandatory procedural bars apply to postconviction habeas petitions under NRS Chapter 34. A petitioner must demonstrate good cause and prejudice in order to overcome the mandatory procedural bars and avoid dismissal of a postconviction habeas petition. A claim of good cause must be raised by the petitioner within a reasonable time after it becomes available. The Court concludes that the ineffective assistance claims lack merit and affirmed the district court order dismissing Chappell's third postconviction petition for a writ of habeas corpus as procedurally barred.