Nevada § 34.810 - Additional reasons for dismissal of petition

§ 34.810. Additional reasons for dismissal of petition

1. The court shall dismiss a petition that challenges the validity of a judgment of

conviction or sentence if the court determines that: (a) The petitioner's conviction was upon a plea of guilty or guilty but mentally ill

and the petition is not based upon an allegation that the plea was involuntarily or

unknowingly entered or that the plea was entered without effective assistance of counsel. (b) The petitioner's conviction was the result of a trial and the grounds for the

petition could have been: (1) Presented to the trial court; (2) Raised in a direct appeal or a prior petition for a writ of habeas corpus or postconviction

relief; or (3) Raised in any other proceeding that the petitioner has taken to secure relief

from the petitioner's judgment of conviction and sentence, unless the court finds both cause for the failure to present the grounds and actual

prejudice to the petitioner. 2. The court shall dismiss a petition that challenges the computation of time served

pursuant to a judgment of conviction without prejudice if the court determines that

the petitioner did not exhaust all available administrative remedies to resolve such

a challenge as required by NRS 34.724 . 3. A second or successive petition must be dismissed if the judge or justice determines

that it fails to allege new or different grounds for relief and that the prior determination

was on the merits or, if new and different grounds are alleged, the judge or justice

finds that the failure of the petitioner to assert those grounds in a prior petition

constituted an abuse of the writ. 4. Pursuant to subsections 1 and 3, the petitioner has the burden of pleading and

proving specific facts that demonstrate: (a) Good cause for the petitioner's failure to present the claim or for presenting

the claim again; and (b) Actual prejudice to the petitioner. The petitioner shall include in the petition all prior proceedings in which the petitioner

challenged the same judgment of conviction or sentence. 5. The court may dismiss a petition that fails to include any prior proceedings of

which the court has knowledge through the record of the court or through the pleadings

submitted by the respondent.