Joel Cardenas v. Renee Baker, Warden

Summary

The Supreme Court of Nevada affirmed the denial of Joel Cardenas's postconviction petition for a writ of habeas corpus. The court held that the petition was untimely, successive, and barred by laches, and that Cardenas had not shown good cause based on McCoy v. Louisiana or alleged ineffective assistance of postconviction counsel. The court also concluded that trial counsel had not conceded Cardenas's guilt in violation of McCoy.

Holdings

1. McCoy did not provide good cause because trial counsel did not concede Cardenas's guilt, and McCoy was distinguishable on the facts.
2. Alleged ineffective assistance of postconviction counsel did not establish good cause because a noncapital postconviction petitioner is not entitled to effective assistance of postconviction counsel.
3. The petition was untimely and successive, and it was procedurally barred because Cardenas did not demonstrate good cause and actual prejudice.
4. The district court correctly determined that the petition was barred by laches because the State pleaded laches, prejudice was presumed after more than five years, and Cardenas did not overcome the presumption.

Questions Presented

1. Whether Cardenas established good cause to overcome the untimeliness and successive-petition bars based on McCoy v. Louisiana.
2. Whether alleged ineffective assistance of postconviction counsel established good cause to overcome the procedural bars.
3. Whether the district court correctly applied Nevada's laches bar and the presumption of prejudice to the State.

Disposition

affirmed