MACK MASON v. FERNANDIES FRAZIER WARDEN NNCC AND THE STATE OF NEVADA (2024)

ORDER OF AFFIRMANCE

Mack C. Mason appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 9, 2022. Eighth Judicial District Court, Clark County; Michelle Leavitt, Judge.

Mason filed his petition more than 20 years after issuance of the remittitur on direct appeal on September 3, 2002. See Mason v. State, 118 Nev. 554, 51 P.3d 521 (2002). Thus, Mason's petition was untimely filed. See NRS 34.726(1). Moreover, Mason's petition was successive because he had previously filed a postconviction petition for a writ of habeas corpus that was decided on the merits, and it constituted an abuse of the writ as he raised claims new and different from those raised in his previous petitions.¹ See NRS 34.810(1)(b)(2); NRS 34.810(3). Mason's petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(4). Mason failed to allege good cause or prejudice to overcome the procedural bars. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Gibbons, C.J.

Bulla, J.

Westbrook, J.

FOOTNOTES

1.   See Mason v. State, No. 75285-COA, 2019 WL 1313353 (Nev. Ct. App. Mar. 20, 2019) (Order of Affirmance); Mason v. State, No. 71296-COA, 2017 WL 11489248 (Nev. Ct. App. May 16, 2017) (Order of Affirmance); Mason v. State, No. 58517, 2011 WL 5826550 (Nev. Nov. 17, 2011) (Order of Affirmance). Mason voluntarily dismissed the petition he filed in the district court on September 5, 2002, and he did not appeal from the district court order denying the petition he filed on January 23, 2003.