RODIUS v. STATE (2026)

ORDER OF AFFIRMANCE

Rodius filed his petition more than 20 years after the entry of his judgment of conviction on June 7, 2004.² Thus, Rodius’ petition was untimely filed. See NRS 34.726(1). Moreover, Rodius’ petition was successive because he had previously filed a postconviction petition for a writ of habeas corpus that was decided on the merits,³ and it constituted an abuse of the writ as he raised claims new and different from those raised in his previous petition. See NRS 34.810(3). Rodius’ petition was procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1), NRS 34.810(4).

In his petition, Rodius claimed that he could not be convicted of second-degree murder with the use of a deadly weapon because the portion of Nevada that lies south of the 37th Parallel ⁴ has not been properly incorporated into the State. Thus, he alleged the State lacked jurisdiction to convict him. As observed by the district court, this claim could have been raised at any time throughout Rodius’ prosecution and prior habeas proceedings. Rodius did not allege good cause to overcome the procedural bars. Therefore, the district court did not err in denying the petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

2.   Rodius did not file a direct appeal.

3.   Rodius v. State, Docket No. 46658 (Nev., Jan. 9, 2007) (Order of Affirmance).

4.   This area includes all of Clark County and portions of Lincoln, Nye, and Esmerelda counties.