Branham v. Baca

The Supreme Court affirmed the district court’s dismissal of Defendant’s petition for a writ of habeas corpus as procedurally barred, holding that the district court did not err by finding that Defendant failed to overcome the procedural bars.Plaintiff, who was convicted of first-degree murder, filed the instant postconviction petition for a writ of habeas corpus more than twenty years after the remittitur was issued from his direct appeal. Plaintiff argued that he was entitled to the retroactive benefit of the narrowed definition of “willful, deliberate and premeditated” murder announced in Byford v. State, 994 P.2d 700 (Nev. 2000) and thus was entitled to a new trial. The district court dismissed the petition as procedurally time-barred, concluding that Defendant failed to demonstrate good cause or a fundamental miscarriage of justice to overcome the procedural bars. See Nev. Rev. Stat. 34.726(1) and Nev. Rev. Stat. 34.810(1)(b),(2). The Supreme Court affirmed, holding that the United States Supreme Court decisions in Welch v. United States, 578 U.S. __ (2016), and Montgomery v. Louisiana, 577 U.S. __ (2016), do not constitute good cause to raise a procedurally barred claim arguing that a nonconstitutional rule should be applied retroactively. View "Branham v. Baca" on Justia Law