was therefore procedurally barred absent a demonstration of good cause

and actual prejudice. See NRS 34.726(1); NRS 34.810(3). Further, because the State specifically pleaded laches, appellant was required to overcome the presumption of prejudice to the State. See NRS 34.800(2).

First, appellant claimed that he had good cause to excuse the procedural bars because he was challenging the jurisdiction of the district court and such claims may be raised at any time. Appellant's claims did not implicate the jurisdiction of the courts. See Nev. Const. art. 6, § 6; NRS 171.010. Appellant's bare allegation that his remaining claims may also be raised at any time was similarly without merit.

Second, appellant claimed that he had good cause to excuse the procedural bars because his absence at the hearings during which the district court ruled on his 1994 and 2009 post-conviction petitions rendered the orders reflecting those rulings void. Appellant's claim was patently without merit. Appellant did not demonstrate any right to attend hearings where no evidence was taken. See Gebers v. State, 118 Nev. 500, 503-04, 50 P.3d 1092, 1094 (2002). Moreover, even if appellant's argument were valid, it would not have explained the delay in filing the instant petition. Third, appellant claimed that he had good cause to excuse the procedural bars because he believed that counsel had properly informed

...continued former NRS 177.315 or from the denial of his March 15, 2012, proper person post-conviction petition for a writ of habeas corpus. Appellant's claims that the instant petition is merely an amendment to the March 15, 2012, petition were without merit as the district court did not grant him permission to amend the petition. See NRS 34.750(5).

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(0) 1947A Inaini`=12ffilhim of the law regarding sentencing enhancements. Appellant's ignorance

of the law did not excuse the procedural bars. Phelps v. Dir., Nev. Dep't of Prisons, 104 Nev. 656, 660, 764 P.2d 1303, 1306 (1988). To the extent appellant claimed that ineffective assistance of counsel excused his delay, that claim was itself untimely such that it could not afford good cause. Hathaway v. State, 119 Nev. 248, 252-53, 71 P.3d 503, 506 (2003).

Fourth, appellant claimed that the recent United States Supreme Court Case, Lafler v. Cooper, 566 U.S. , 132 S. Ct. 1376 (2012), provided good cause to excuse the procedural bars. Appellant's argument was without merit because his case was final when Lafier was decided, and he failed to demonstrate that it would apply retroactively to
him. Even if Lafler did announce a new rule of constitutional law, appellant failed to allege facts to support either exception to the general principle that such rules do not apply retroactively to cases which were already final when the new rules were announced. See Colwell v. State, 118 Nev. 807, 816-17, 59 P.3d 463, 469-70 (2002).

Finally, appellant claimed that the district court had already determined that he had demonstrated good cause. Appellant's claim was belied by the record. Appellant misquoted the order, which simply directed the State to respond to appellant's petition.

Appellant also attempted to overcome his procedural defects by arguing that he is actually innocent of the deadly weapon enhancement. Appellant did not demonstrate actual innocence because he failed to show that "it is more likely than not that no reasonable juror would have convicted him in light of . . . new evidence." Calderon v. Thompson, 523 U.S. 538, 559 (1998) (quotingSchlup v. Delo, 513 U.S. 298, 327 (1995)); see also Pellegrini v. State, 117 Nev. 860, 887, 34 P.3d 519,J.

537 (2001); 

### Mazzan v. Warden, 112 Nev. 838, 842, 921 P.2d 920, 922 (1996). Further, appellant failed to overcome the presumption of prejudice to the State pursuant to NRS 34.800(2). We therefore conclude that the district court did not err in denying appellant's petition as procedurally barred. Accordingly, we

ORDER the judgment of the district court AFFIRMED.

cc: Hon. Abbi Silver, District Judge Darryl Orlandus Clark Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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