ANGELO TAYLOR v. THE STATE OF NEVADA (2025)

ORDER OF AFFIRMANCE

Angelo Taylor appeals from a district court order denying a postconviction petition for a writ of habeas corpus filed on June 28, 2024, and an amended petition filed on August 22, 2024. Eighth Judicial District Court, Clark County; Bita Yeager, Judge.

Taylor filed his petition more than three years after issuance of the remittitur on direct appeal on January 4, 2021. Taylor v. State, No. 81135-COA, 2020 WL 7238308 (Nev. Ct. App. Dec. 8, 2020) (Order of Affirmance). Thus, Taylor's petition was untimely filed. See NRS 34.726(1). Taylor's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.

Taylor appeared to allege he had good cause due to the ineffective assistance of his appellate counsel. Taylor failed to demonstrate why this good-cause claim could not have been brought in a timely petition. Thus, this good-cause claim was itself untimely and did not constitute cause for Taylor's delay. See Hathaway v. State, 119 Nev. 248, 252, 71 P.3d 503, 506 (2003) (holding a good-cause claim “must not be procedurally defaulted”). Therefore, we conclude the district court did not err by denying the petition as procedurally barred.¹ Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Bulla, C.J.

Gibbons, J.

Westbrook, J.

FOOTNOTES

1.   To the extent Taylor raises facts, claims, or arguments on appeal that were not raised in his pleadings below, we decline to consider them in the first instance. See Stale v. Wade, 105 Nev. 206, 209 n.3, 772 P.2d 1291, 1293 n.3 (1989).