ROACH v. STATE (2022)

ORDER OF AFFIRMANCE

Roach argues the district court erred by denying his February 8, 2021, petition. Roach filed his petition more than five years after issuance of the remittitur on direct appeal on January 14, 2016. See Roach v. State, No. 68011-COA, 2015 WL 9594654 (Nev. Ct. App. Dec. 18, 2015) (Order of Affirmance). Thus, Roach's petition was untimely filed. See NRS 34.726(1). Roach's petition was procedurally barred absent a demonstration of good cause—cause for the delay and undue prejudice. See id.

Roach appeared to claim the United States Supreme Court's decision in United States v. Davis, 588 U.S. ––––, 139 S. Ct. 2319 (2019), constituted new case law and provided good cause. Roach's petition was filed nearly two years after the Davis decision, and Roach did not explain his delay in raising his good-cause claim. See Rippo v. State, 134 Nev. 411, 422, 423 P.3d 1084, 1097 (2018) (holding that a good-cause claim must be raised within one year of it becoming available). Therefore, we conclude the district court did not err by dismissing the petition as procedurally barred, and we

ORDER the judgment of the district court AFFIRMED.