Nev. Rev. Stat. § 34.726
Limitations on post-conviction habeas petitions: the cases that interpreted this section
791 citing cases reviewed of 1,014 in the citation index: 584 interpreted the section (annotated below), 207 cited it only in passing. Cases filed after 2026-01-05 may not have been reviewed yet.
Have a situation under Nev. Rev. Stat. § 34.726?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
One-year filing deadline
Section 34.726(1)'s one-year filing period begins on the date of an order dismissing a direct appeal when no remittitur will issue.
Jackson, Jr. (Thurman) v. State · filed 2017-04-21(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Hudson (George) v. State · filed 2017-04-21(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after a voluntary dismissal of an appeal, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Delgrande (Benjamin) v. State · filed 2017-05-08(1)
Because no remittitur will issue in these matters, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a direct appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Wimbley (Darrel) v. State · filed 2017-06-26(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a voluntary dismissal of an appeal produces no remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Johnson (Aric) v. State · filed 2017-06-26(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Bell (Pedro) v. State · filed 2017-06-26(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is dismissed without a remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Newman (Jeriel) v. State · filed 2017-09-15(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, the one-year period for filing a postconviction habeas petition under § 34.726(1) begins on the date of the dismissal order.
Gilday (James) v. State · filed 2017-09-22(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur will issue, Section 34.726(1)’s one-year period for filing a postconviction habeas petition begins on the date of the order dismissing the appeal.
Ramos, Jr. (Oscar) v. State · filed 2017-09-25(1)
'Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely if filed more than one year after remittitur on direct appeal.
Vanisi (Siaosi) v. Warden (Death Penalty-Pc) · filed 2017-09-28(1)
The petition was untimely as it was filed more than one year after this court issued its remittitur on direct appeal. NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when it is filed more than one year after the Nevada Supreme Court issues its remittitur on direct appeal.
Libby (Roger) v. Warden · filed 2018-01-10(1)
The petition was untimely as it was filed more than one year after this court issued its remittitur on direct appeal. NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when it is filed more than one year after remittitur issues from the direct appeal.
Moore (Randolph) v. State (Death Penalty-Pc) · filed 2018-02-09(1)
Moore filed his petition on September 19, 2013, more than one year after remittitur issued from his direct appeal. See Flanagan v. State, 112 Nev. 1409, 1418, 930 P.2d 691, 697 (1996). Thus, the petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after remittitur issues from the direct appeal.
Lopez (Jerry) v. State · filed 2018-02-15(1)
Lopez submitted his petition for filing on April 17, 2017, more than one year after remittitur issued from his direct appeal. ... Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
A postconviction habeas petition filed more than 15 years after remittitur from direct appeal is untimely under section 34.726(1).
Moore (Artis) v. State · filed 2017-04-14(1)
Appellant filed his postconviction petition on October 6, 2015, more than 15 years after remittitur issued from his direct appeal on August 7, 2000. Moore v. State, Docket No. 34052 (Order Dismissing Appeal, July 10, 2000). Thus, the petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed more than 26 years after direct-appeal remittitur as untimely.
Cooper (Samuel) v. State · filed 2017-04-14(1)
Thus, the petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) sets a filing deadline for postconviction habeas petitions measured from remittitur on direct appeal.
Burriola (Anthony) v. State · filed 2017-04-14(1)
Appellant filed his petition on August 4, 2015, more than 13 years after remittitur issued from his direct appeal on July 5, 2002. Burriola v. State, Docket No. 34844 (Order Granting Rehearing and Modifying Order, June 10, 2002). Thus, the petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than thirteen years after remittitur on direct appeal untimely.
Kieren (Dennis) v. State · filed 2017-06-15(1)
Kieren's postconviction habeas petition was untimely because it was filed more than thirteen years after remittitur issued on direct appeal on March 5, 2002.Read the full opinion on CourtListener →
Section 34.726(1) sets a filing deadline for postconviction habeas petitions measured from issuance of the remittitur on direct appeal.
Green (Frederic) v. State · filed 2017-06-15(1)
Appellant's March 8, 2016, petition was untimely because it was filed more than 12 years after issuance of the remittitur on direct appeal. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction petition filed more than 12 years after remittitur from the direct appeal untimely.
Zacarias-Lopez (Elder) v. State · filed 2017-10-13(1)
Appellant filed his petition on September 12, 2016, more than 12 years after remittitur issued from his direct appeal on June 8, 2004. See NRS 34.726(1). Zacarias-Lopez v. State, Docket No. 40116 (Order of Affirmance, May 11, 2004). Thus, his petition was untimely filed.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than ten years after remittitur from direct appeal untimely.
Guerrero (Pablo) v. State · filed 2017-06-15(1)
Thus, Guerrero's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than 28 years after remittitur untimely.
Palovich (Joseph) v. State · filed 2018-01-10(1)
Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period under § 34.726(1) begins on the date of the dismissal order.
White (Colten) v. State · filed 2018-04-06(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) bars a postconviction habeas request filed more than one year after the remittitur on direct appeal unless the petitioner shows good cause and actual prejudice.
Peck v. State · filed 2018-04-12(1)
To the extent that Peck intended to seek relief under NRS 34.724, we conclude that his request was untimely because he filed it in 2016, more than one year after issuance of the remittiturs on his direct appeals. ... Any further claim for postconviction relief therefore was thus procedurally barred absent a demonstration of good cause and actual prejudice. See NRS 34.726(1); NRS 34.810(1)(b); NRS 34.810(3).Read the full opinion on CourtListener →
When a direct appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Gazlay (Steven) v. State · filed 2018-05-11(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when it is filed more than one year after remittitur issues from the direct appeal.
MOORE (RANDOLPH) VS. STATE (DEATH PENALTY-PC) · filed 2018-05-17(1)
Moore filed the postconviction petition at issue in this case on September 19, 2013, more than one year after remittitur issued from his direct appeal. Thus, the petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When an appeal is dismissed without a remittitur, the one-year period for filing a post-conviction habeas petition under NRS 34.726(1) begins on the date of the dismissal order.
Rojo-Perez (Jesus) v. State · filed 2018-07-02(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, the one-year period under NRS 34.726(1) begins on the date of the dismissal order.
Krites (Sarah) v. State · filed 2018-07-06(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur will issue after a voluntary dismissal of an appeal, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Jones (Jonathan) v. State · filed 2018-07-09(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed without a remittitur, Section 34.726(1)’s one-year filing period begins on the date of the dismissal order.
White (Timothy) v. State · filed 2018-08-03(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Lopez (Ivan) v. State · filed 2018-08-09(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a voluntarily dismissed appeal produces no remittitur, Section 34.726(1)’s one-year filing period begins on the date of the dismissal order.
Goins (Douglas) v. State C/W 75079 · filed 2018-08-09(1)
Because no remittitur will issue in these matters, see NRAP 42(b), the one-year period for filing post-conviction habeas corpus petitions under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after a voluntary dismissal of a direct appeal, the one-year period under § 34.726(1) begins on the date of the dismissal order.
Walters (Kristian) v. State · filed 2018-08-30(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a direct appeal is voluntarily dismissed and no remittitur issues, Section 34.726(1)'s one-year period for filing a postconviction habeas corpus petition begins on the date of the dismissal order.
Walters (Kristian) v. State · filed 2018-09-11(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is dismissed without a remittitur, Section 34.726(1)'s one-year filing period begins on the date of the dismissal order.
Willis (Tashami) v. State · filed 2018-10-01(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period under § 34.726(1) begins on the date of the dismissal order.
Jackson (Israel) v. State · filed 2018-10-01(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after voluntary dismissal of an appeal, Section 34.726(1)’s one-year filing period begins on the date of the dismissal order.
Goodheim (Shaun) v. State · filed 2018-10-01(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) bars a petition filed more than one year after the remittitur on direct appeal unless the petitioner shows cause for the delay and undue prejudice.
Villegas (David) v. State · filed 2018-10-11(1)
Thus, appellant's petition was untimely filed and procedurally barred absent of showing of cause for the delay and undue prejudice. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, the one-year period for filing a post-conviction habeas petition under NRS 34.726(1) begins on the date of the dismissal order.
Vecera (Dante) v. State · filed 2018-11-05(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition under NRS 34.726(1) begins on the date of the order dismissing the appeal.
King (Phillip) v. State · filed 2019-01-18(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed six years after the remittitur on direct appeal untimely.
Morales (Thomas) v. Warden · filed 2018-04-10(1)
Morales filed the underlying petition on April 26, 2017, six years after issuance of the remittitur on his direct appeal on August 10, 2010. Morales v. State, Docket No. 54180 (Order of Affirmance, July 15, 2010). Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed more than six years after the remittitur on direct appeal as untimely.
Monroe (Daimon) v. State · filed 2018-07-20(1)
Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) subjects an untimely postconviction habeas petition to dismissal unless the petitioner shows good cause and actual prejudice.
Mulder (Michael) v. State (Death Penalty-Pc) · filed 2018-07-26(1)
First, the petition was untimely as it was filed more than 14 years after remittitur issued from his direct appeal. See NRS 34.726(1). ... Petitions that are untimely, successive, or that constitute an abuse of the writ are subject to dismissal absent a showing of good cause and actual prejudice. NRS 34.726(1); NRS 34.810(1)(b), (3).Read the full opinion on CourtListener →
Section 34.726(1) measures the timeliness of a postconviction habeas petition from the remittitur on direct appeal; an untimely petition is procedurally barred absent good cause and actual prejudice.
Ennis (Bruce) v. State · filed 2019-01-17(1)
As appellant Bruce Ennis filed his petition over 19 years after the remittitur issued on his direct appeal, Ennis v. State, Docket No. 28322 (Order Dismissing Appeal, December 30, 1997), his petition was untimely. NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when it is filed after the statutory deadline.
Titus (Craig) v. State · filed 2018-09-14(1)
Appellant Craig Michael Titus filed his petition on August 27, 2014, more than 6 years after his judgment of conviction was entered on August 8, 2008. Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than one year after the direct-appeal remittitur untimely.
Moore (James) v. State · filed 2019-01-24(1)
As appellant filed his petition more than 17 years after the remittitur issued on direct appeal, Moore v. State, 116 Nev. 302, 997 P.2d 793 (2000), his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues after an appeal is voluntarily dismissed, Section 34.726(1)’s one-year filing period begins on the date of the dismissal order.
Ugalde-Torres (Bernardo) v. State · filed 2019-01-31(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after a direct appeal is dismissed, the one-year period for filing a post-conviction habeas corpus petition begins on the date of the dismissal order.
Richie (Autumn) v. State · filed 2019-01-31(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) bars a postconviction petition filed more than one year after dismissal of the direct appeal unless the petitioner shows both that the delay was not the petitioner’s fault and that dismissal would cause undue prejudice.
Soria (Alex) v. State · filed 2019-02-20(1)
Because the petition was filed more than one year after this court's order dismissing Soria's appeal from the judgment of conviction, it was untimely. NRS 34.726(1). Soria therefore had to demonstrate good cause for the delay by showing both that the delay was not his fault and that dismissing the petition as untimely would unduly prejudice him.Read the full opinion on CourtListener →
When no remittitur issues after a direct appeal is voluntarily dismissed, Section 34.726(1)'s one-year filing period begins on the date of the dismissal order.
Kimpton (Brandon) v. State · filed 2019-02-26(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after a direct appeal is dismissed, the one-year period for filing a post-conviction habeas corpus petition begins on the date of the dismissal order.
Johnson (Anthony) v. State · filed 2019-03-08(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a direct appeal is dismissed without a remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Coney (William) v. State · filed 2019-03-13(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than one year after judgment untimely and subject to dismissal unless the petitioner shows cause for the delay and undue prejudice.
Perez (Joseph) v. State · filed 2019-03-14(1)
Thus, the petition was untimely filed and subject to dismissal unless Perez demonstrated good cause—both cause for the delay and undue prejudice. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than one year after remittitur subject to dismissal unless the petitioner shows good cause and prejudice.
Fisher (Dale) v. State · filed 2019-03-14(1)
Thus, appellant's petition was untimely filed and subject to dismissal absent a demonstration of good cause and prejudice. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after remittitur from the decision affirming the conviction.
Carley (Elizabeth) v. State · filed 2019-03-14(1)
The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues after an appeal is voluntarily dismissed, the one-year period under NRS 34.726(1) begins on the date of the dismissal order.
Smith (Michael) v. State · filed 2019-03-21(1)
IBecause no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is dismissed without a remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Amones (Sergio) v. State · filed 2019-04-22(1)
Because no remittitur will issue in this matter, see NEAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under SUPREME COURT NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a voluntary dismissal of an appeal produces no remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Schopper (Lucas) v. State · filed 2019-04-22(1)
Because no remittitur will issue in this matter, see NRAP 42(b), ... NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) begins on the date of the order dismissing the appeal.
Haley (William) v. State C/W 78268 · filed 2019-04-08(1)
'Because no remittitur will issue in these matters, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under ... NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, Section 34.726(1)’s one-year filing period begins on the date of the dismissal order.
Schopper (Lucas) v. State · filed 2019-04-22(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under SUPREME COURT NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than 15 years after remittitur on direct appeal untimely.
Petty (Anthony) v. State · filed 2019-03-06(1)
Petty's postconviction habeas petition was untimely because it was filed more than 15 years after remittitur issued on direct appeal on July 2, 2002.Read the full opinion on CourtListener →
Section 34.726(1) bars an untimely postconviction petition challenging a conviction.
Powell (Richard) v. State · filed 2019-03-15(1)
Appellant's March 19, 2018, petition is untimely, NRS 34.726(1), because it was filed more than fifteen years after issuance of the remittitur on direct appeal on August 13, 2002.Read the full opinion on CourtListener →
Section 34.726(1) bars a postconviction habeas petition filed almost eight years after the remittitur on direct appeal.
Williams (Michael) v. State C/W 76286 · filed 2019-04-12(1)
Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When a dismissed appeal produces no remittitur, Section 34.726(1)’s one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Anthony (Emil) v. State · filed 2019-05-06(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the order dismissing the appeal.
Kehaulani-Kama (William) v. State · filed 2019-06-03(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur will issue after an appeal is dismissed, the one-year period under NRS 34.726(1) begins on the date of the dismissal order.
Grassel, Jr. (Jerry) v. State · filed 2019-06-18(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is voluntarily dismissed, Section 34.726(1)'s one-year filing period begins on the date of the dismissal order.
Brush (Peter) v. State · filed 2019-06-21(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1)'s one-year filing period begins on the date of the dismissal order when no remittitur issues.
Surman v. State · filed 2019-07-05(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after a direct appeal is voluntarily dismissed, the one-year period for filing a post-conviction habeas petition under § 34.726(1) begins on the date of the dismissal order.
Martinez (Gaston) v. State · filed 2019-07-12(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after remittitur issues on appeal from the judgment of conviction.
Sherman (Donald) Vs. State (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 11, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. Sherman v. State, 114 Nev. 998, 965 P.2d 903 (1998). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than one year after remittitur untimely unless the petitioner demonstrates good cause and actual prejudice.
Powell (Kitrich) Vs. State (Death-Pc) · filed 2019-09-13(1)
The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
NRS 34.726(1) makes a postconviction habeas petition untimely if filed more than one year after remittitur issues on appeal from the judgment of conviction.
Hernandez (Fernando) Vs. State (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 11, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. Hernandez v. State, 118 Nev. 513, 50 P.3d 1100 (2002). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when it is filed more than one year after the remittitur issues on appeal from the judgment of conviction.
Greene (Travers) Vs. State (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 10, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. Greene v. State, 113 Nev. 157, 931 P.2d 54 (1997). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
NRS 34.726(1) makes a postconviction habeas petition untimely when it is filed more than one year after remittitur on appeal from the judgment of conviction.
Emil (Rodney) Vs. State (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 11, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. Emil v. State, 105 Nev. 858, 784 P.2d 956 (1989). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after the remittitur issues on appeal from the judgment of conviction.
Doyle (Antonio) Vs. State (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 11, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. See Doyle v. State, 112 Nev. 879, 921 P.2d 901 (1996). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
NRS 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after the remittitur issues on appeal from the judgment of conviction.
Byford (Robert) Vs. State (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 11, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. See Byford v. State, 116 Nev. 215, 994 P.2d 700 (2000). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after the remittitur issues on appeal from the judgment of conviction.
Bejarano (John) Vs. Warden (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 9, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. See Bejarano v. State, Docket No. 19023 (Order Dismissing Appeal, December 22, 1988). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726's one-year filing bar applies when a petitioner fails to show good cause and prejudice to excuse the delay.
CASTILLO (WILLIAM) VS. STATE (DEATH PENALTY-PC) · filed 2019-05-30
Thus, he fails to demonstrate good cause to excuse the procedural bars, and the district court correctly denied his petition.Read the full opinion on CourtListener →
Section 34.726(1) bars an untimely postconviction habeas petition unless the petitioner demonstrates good cause and actual prejudice.
Brown (Erick) v. State · filed 2019-05-15(1)
Appellant filed his petition on April 30, 2018, more than ten years after issuance of the remittitur on direct appeal on October 9, 2007. Brown v. State, Docket No. 47856 (Order of Affirmance, September 13, 2007). Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) bars an untimely postconviction habeas petition unless the petitioner demonstrates good cause and actual prejudice.
Green (Frederic) v. State · filed 2019-05-15(1)
Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than 19 years after the remittitur on direct appeal untimely.
Cox (Steven) v. State · filed 2019-05-15(1)
Appellant filed the instant petition in 2017, more than 19 years after the remittitur issued on direct appeal. Cox v. State, Docket No. 26457 (Order Dismissing Appeal, April 24, 1997). Thus, the petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than two years after the remittitur on direct appeal untimely.
McKnight (Derrick) v. State · filed 2019-06-17(1)
Appellant filed his petition on August 22, 2018, more than two years after issuance of the remittitur on direct appeal on March 16, 2016. ... Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than thirty years after remittitur untimely.
Ybarra, Jr. (Robert) Vs. Warden (Death Penalty-Pc) · filed 2019-09-13(1)
Appellant filed his petition on January 11, 2017, more than thirty years after the remittitur issued on appeal from the judgment of conviction. Ybarra v. State, 100 Nev. 167, 679 P.2d 797 (1984). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after remittitur on appeal.
Smith (Joseph) Vs. State (Death Penalty-Pc) · filed 2019-09-26(1)
Appellant filed his petition on January 9, 2017, more than one year after the remittitur issued on appeal from the judgment of conviction. Srnith v. State, 114 Nev. 33, 953 P.2d 264 (1998). The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues, Section 34.726(1)'s one-year period for filing a postconviction habeas petition begins on the date of the order dismissing the appeal.
Umanzor (Edgar) Vs. State · filed 2019-09-27(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition under NRS 34.726(1) begins on the date of the dismissal order.
Rosales (Francisco) Vs. State · filed 2019-10-15(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When a direct appeal is dismissed without a remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Franklin (Marty) Vs. State · filed 2019-11-15(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is voluntarily dismissed, the one-year period under § 34.726(1) begins on the date of the dismissal order.
Park (Gary) Vs. State · filed 2020-01-16(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, Section 34.726(1)’s one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Lewis (Michael) Vs. State · filed 2020-01-23(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Castro-Solano (Victor) Vs. State · filed 2020-01-23(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition under NRS 34.726(1) begins on the date of the court’s order.
Auberry (Glenn) Vs. State · filed 2020-02-21(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1)’s one-year filing period begins on the date of the order dismissing a direct appeal when no remittitur will issue.
Williams (Gerald) Vs. State · filed 2020-03-10(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after a direct appeal is voluntarily dismissed, the one-year period under § 34.726(1) begins on the date of the dismissal order.
Salazar (Armando) Vs. State · filed 2020-03-16(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1)'s one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order when no remittitur will issue.
Littrell (Kelvin) Vs. State · filed 2020-05-01(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas corpus petition starts on the date of the order.
Robles (Jesus) Vs. State · filed 2019-09-16(1)
'Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under ...NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) measures the deadline for a postconviction habeas petition from the issuance of remittitur on direct appeal.
Voss (Steven) Vs. State · filed 2019-10-24(1)
Voss's postconviction habeas petition was untimely because it was filed more than 19 years after remittitur issued on direct appeal on June 20, 2000.Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed nearly 18 years after judgment as untimely.
Strohmeyer (Jeremy) Vs. State · filed 2019-10-24(1)
Appellant Jeremy Strohmeyer filed his petition nearly 18 years after the entry of his judgment of conviction. Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
A postconviction petition received by the district court clerk within the filing deadline is not barred as untimely under section 34.726(1).
Wolff (Daniel) Vs. State · filed 2020-01-24(1)
1Subsequent1y, the district court appears to have applied NRS 34.726s procedural bar for untimely postconviction habeas petitions. This was in error.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than 21 years after remittitur on direct appeal.
Bollinger (David) Vs. Warden (Death Penalty-Pc) · filed 2020-02-13(1)
Appellant David Bollinger filed his petition more than 21 years after the remittitur issued on direct appeal on September 15, 1995. See Bollinger v. State, 111 Nev. 1110, 901 P.2d 671 (1995). Therefore, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
A postconviction habeas petition filed more than two years after the remittitur on direct appeal is untimely under § 34.726(1).
Barron-Aguilar (Tito) Vs. Warden · filed 2020-05-15(1)
Appellant's 2018 petition was untimely because it was filed more than two years after issuance of the remittitur on direct appeal on December 9, 2015.Read the full opinion on CourtListener →
Section 34.726(1) bars an untimely postconviction habeas petition absent good cause and actual prejudice.
Howard (Samuel) Vs. State (Death Penalty-Pc) · filed 2019-09-20(1)
... therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1)'s one-year filing period does not begin while a conviction reversed on appeal remains pending on remand; it begins when the district court enters the later judgment of conviction.
Bautista-Eredea (Eberto) Vs. State · filed 2020-05-18(1)
Similarly, because this court reversed the kidnapping conviction on direct appeal and remanded for a new trial, appellant's conviction was not final and therefore the one-year period was not triggered until the district court entered the second amended judgment of conviction.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the order dismissing the appeal.
Lyne (Michael) Vs. State · filed 2020-06-10(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Lorenzana (Angel) Vs. State · filed 2020-07-09(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period under NRS 34.726(1) begins on the date of the dismissal order.
Ceja (Arnoldo) Vs. State · filed 2020-08-07(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1)’s one-year period for filing a post-conviction habeas petition begins on the date of an order dismissing the appeal when no remittitur will issue.
Lee, Jr. (Anthony) Vs. State · filed 2020-08-14(1)
Because no rernittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed without a remittitur, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Jimenez (Samuel) Vs. State · filed 2020-09-04(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Covington (Lavontaye) Vs. State · filed 2020-11-04(1)
Because no rernittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Guereca (Ulises) Vs. State · filed 2020-12-23(1)
Because no remittitur will issue in this matter, see NRAP 42(3), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed almost seven years after the remittitur on direct appeal as untimely.
Tiffany (David) Vs. State · filed 2020-06-24(1)
Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1)'s filing period begins when judgment is entered if there is no timely direct appeal; a petition filed 29 years later is untimely.
Rowbottom (Matthew) Vs. State · filed 2020-07-16(1)
Rowbottom's postconviction habeas petition was untimely because it was filed 29 years after his judgment of conviction. See NRS 34.726(1); Dickerson v. State, 114 Nev. 1084, 1087, 967 P.2d 1132, 1133-34 (1998) (holding that the filing period for a postconviction habeas petition begins to run from entry of the judgment of conviction absent a timely direct appeal).Read the full opinion on CourtListener →
Section 34.726(1) requires a petitioner who files more than two years after remittitur on direct appeal to show good cause and actual prejudice to overcome the time bar.
Szluha (Michael) Vs. State · filed 2020-11-25(1)
Szluha's petition was untimely as it was filed more than two years after issuance of the remittitur on direct appeal on December 8, 2015. See NRS 34.726(1); Szluha v. State, Docket No. 65816 (Order of Affirmance, November 13, 2015).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed four years after remittitur on direct appeal untimely.
Randolph (Roger) Vs. State · filed 2021-01-15(1)
Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed more than seven years after remittitur on direct appeal as untimely.
Flores (Jesus) Vs. Warden C/W 80246 · filed 2021-01-15(1)
Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) bars a postconviction habeas petition filed more than 11 years after remittitur on direct appeal as untimely.
Adkisson (Michael) Vs. State · filed 2020-07-16(1)
Adkisson's postconviction habeas petition was untimely because it was filed more than 11 years after remittitur issued on direct appeal on August 8, 2006. See NRS 34.726(1); Adkisson v. State, Docket No. 44581 (Order of Affirmance, May 17, 2006).Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed five years after remittitur on direct appeal as untimely.
Mccallister (Donald) Vs. State · filed 2020-12-16(1)
McCallister's postconviction habeas petition was untimely because it was filed five years after remittitur issued on direct appeal on February 24, 2014.Read the full opinion on CourtListener →
A postconviction habeas petition filed nine years after the remittitur on direct appeal is untimely under § 34.726(1).
Rangel (Ronald) Vs. State · filed 2020-12-16(1)
Rangel filed the petition nine years after the remittitur issued on his direct appeal. Rangel v. State, Docket No. 53377 (Order of Affirmance, August 10, 2009). Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, Section 34.726(1)'s one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Von Berbaum (Steven) Vs. State · filed 2021-01-25(1)
Because no rernittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the order dismissing the appeal.
Reich (Myranda) Vs. State · filed 2021-01-25(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is voluntarily dismissed, Section 34.726(1)’s one-year filing period begins on the date of the dismissal order.
Morris (Alfred) Vs. State C/W 81630/81631 · filed 2021-02-01(1)
Because no remittitur will issue in these matters, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after remittitur on direct appeal.
Palmer (Markiece) Vs. State · filed 2021-02-16(1)
Appellant filed his petition on May 10, 2019, more than one year after this court issued its remittitur on direct appeal on February 20, 2018. See Palmer v. State, Docket No. 67565 (Order of Affirmance, January 25, 2018). Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues, § 34.726(1)’s one-year period for filing a postconviction habeas petition begins on the date of the order dismissing the direct appeal.
Minor, Jr. (John) Vs. State · filed 2021-03-08(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than one year after remittitur on direct appeal untimely.
Witter (William) Vs. State (Death Penalty-Pc) · filed 2021-05-06(1)
The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When a direct appeal is dismissed and no remittitur issues, the one-year period under NRS 34.726(1) begins on the date of the dismissal order.
Rhodes (Nathanial) Vs. State · filed 2021-05-07(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1)'s one-year filing period begins on the date of an order dismissing an appeal when no remittitur will issue.
Rice (Curtis) Vs. State · filed 2021-05-14(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the order dismissing the appeal.
Correa (Christopher) Vs. State C/W 82840 · filed 2021-05-21(1)
II3ecause no remittitur will issue in these matters, see NRAP 42(b), the one-year period for filing post-conviction habeas corpus petitions under NRS 34.726(1.) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is dismissed, Section 34.726(1)'s one-year filing period begins on the date of the dismissal order.
Lucia (Charles) Vs. State · filed 2021-06-18(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When an appeal is voluntarily dismissed and no remittitur issues, the one-year period for filing a postconviction habeas petition begins on the date of the dismissal order.
Edwards (Julie) Vs. State · filed 2021-07-01(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues after an appeal is withdrawn, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Cruise (Robert) Vs. State · filed 2021-07-01(1)
2Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) requires a postconviction habeas petition to be filed within one year after entry of the judgment of conviction, or after appellate remittitur if the defendant appealed.
Lopez (Arthur) Vs. State · filed 2021-07-09(1)
Appellant's petition was untimely as he filed it two years after entry of the judgment of conviction. See NRS 34.726(1) (requiring a petition to be filed "within 1 year after entry of the judgment of convictioe or an appellate court's remittitur if the defendant appeals from the judgment of conviction).Read the full opinion on CourtListener →
When no remittitur issues after dismissal of an appeal, the one-year period under Section 34.726(1) begins on the date of the dismissal order.
Hawkins (Morris) Vs. State · filed 2021-07-13(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas petition begins on the date of the order dismissing the direct appeal.
Apollo (Lance) Vs. State · filed 2021-07-13(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur will issue, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Quinones (Anthony) Vs. State C/W 82713/82714 · filed 2021-07-14(1)
Because no remittitur will issue in these matters, see NRAP 42(b), the one-year period for filing any post-conviction habeas corpus petitions under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) bars an untimely postconviction habeas petition unless the petitioner demonstrates good cause and actual prejudice.
Urenda-Bustos (Luis) Vs. State · filed 2021-02-16(1)
Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed 14 years after remittitur on direct appeal untimely.
Garcia (Ramon) Vs. Warden C/W 80988 · filed 2021-04-16(1)
Garcia filed the petition 14 years after remittitur issued on his direct appeal. Garcia v. State, 121 Nev. 327, 113 P.3d 836 (2005). Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed five years after remittitur as untimely.
Malone (Domonic) Vs. State C/W 80493 · filed 2021-02-16(1)
Malone filed the petition five years after remittitur issued on his direct appeal. Malone v. State, Docket No. 61006 (Order of Affirmance, December 18, 2013). Thus, his petition was untimely filed.Read the full opinion on CourtListener →
Section 34.726(1) treats a postconviction habeas petition filed eight years after remittitur as untimely.
Heusner (Allen) Vs. Warden · filed 2021-03-09(1)
Heusner filed the petition eight years after rernittitur issued on his direct appeal. Heusner v. State, Docket No. 52023 (Order of Affirmance, May 3, 2010). Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition filed more than nine years after remittitur on direct appeal untimely.
Taukitoku (Samisoni) Vs. Warden · filed 2021-06-11(1)
Thus, appellant's petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1) requires a postconviction habeas petition to be filed within one year after entry of the judgment of conviction or, if the defendant appeals, after appellate remittitur.
Smith (Keiton) Vs. State · filed 2021-09-16(1)
Appellant's petition for postconviction relief was untimely as he filed it nearly six years after entry of the judgment of conviction. See NRS 34.726(1) (requiring a petition to be filed "within 1 year after entry of the judgment of conviction" or an appellate court's remittitur if the defendant appeals from the judgment of conviction).Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when filed more than one year after entry of the judgment of conviction.
Bynoe (Michael) Vs. Warden · filed 2021-11-10(1)
Bynoe filed the petition more than 19 years after entry of the judgment of conviction. Thus, his petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Section 34.726(1)'s one-year filing period cannot be started earlier by entering a written appeal decision nunc pro tunc to the date of an oral ruling.
Briggs (William) Vs. State · filed 2021-11-10(1)
We note that the district court's attempt to enter its written decision in the misdemeanor appeal nunc pro tunc to the date it orally denied the appeal is of no effect with respect to commencement of the one-year deadline set forth in NRS 34.726.Read the full opinion on CourtListener →
When an appeal is dismissed without a remittitur, § 34.726(1)'s one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Hightower (Richard) Vs. State · filed 2021-12-03(1)
'Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no direct appeal is filed, a postconviction habeas petition filed more than one year after entry of the judgment of conviction is untimely under § 34.726(1).
Hodges (Charlotte) Vs. Warden · filed 2021-12-17(1)
Hodges did not file a direct appeal and filed the petition more than one year after entry of the judgnient of conviction. Thus, her petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues after a voluntary dismissal of an appeal, the one-year period for filing a post-conviction habeas petition begins on the date of the dismissal order.
Smith, Jr. (Ernest) v. State · filed 2022-02-03(1)
Because no rernittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1)’s one-year filing period begins on the date of the order dismissing a direct appeal when no remittitur will issue.
Esquivel (Teodomiro) v. State · filed 2022-02-24(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726’s one-year limit for post-conviction petitions is an independent and adequate state procedural bar in non-capital cases.
Choate v. Williams · filed 2022-03-07
Nevada’s one-year statute of limitation3 for post-conviction petitions and prohibition on second or successive post-conviction petitions are independent and adequate state procedural rules as applied in non-capital cases.Read the full opinion on CourtListener →
Section 34.726(1) makes a postconviction habeas petition untimely when it is filed more than one year after entry of the judgment of conviction and no direct appeal was pursued.
Pitrello (Mary) v. State · filed 2022-04-29(1)
Appellant did not pursue a direct appeal and filed her postconviction petition for a writ of habeas corpus over one year after the entry of her judgment of conviction. Thus, her petition was untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
When no remittitur issues after a direct appeal is dismissed, the one-year period under NRS 34.726(1) begins on the date of the dismissal order.
Sandoval (Dayan) v. State · filed 2022-09-13(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under ... NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, Section 34.726(1)'s one-year period for filing a postconviction habeas petition begins on the date of the order dismissing the appeal.
Randolph (Jaylon) v. State · filed 2022-09-26(1)
Because no remittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a postconviction habeas corpus petition under NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
When no remittitur issues, the one-year period for filing a post-conviction habeas corpus petition under NRS 34.726(1) begins on the date of the dismissal order.
Baker (Byron) v. State · filed 2022-05-26(1)
Because no rernittitur will issue in this matter, see NRAP 42(b), the one-year period for filing a post-conviction habeas corpus petition under ...NRS 34.726(1) shall commence to run from the date of this order.Read the full opinion on CourtListener →
Section 34.726(1) bars a postconviction habeas petition filed more than seven years after remittitur as untimely.
Ford (Charles) Vs. State · filed 2021-10-18(1)
Appellant filed the petition on November 4, 2019, more than seven years after the remittitur issued on appeal from the judgment of conviction. ... The petition was therefore untimely filed. See NRS 34.726(1).Read the full opinion on CourtListener →
Notes 151–300 of 584, oldest cases first.
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