Nevada Supreme Court

Brown (Marlon) v. Warden

November 30, 2022

Summary

The Nevada Supreme Court affirmed the denial of Brown’s third postconviction habeas petition because his claims were procedurally barred. Claims previously raised or available in earlier proceedings were waived, while new claims that could have been raised earlier constituted an abuse of the writ; Brown failed to show good cause and prejudice. The court declined to decide whether the denial of Brown’s first petition was void because the later procedural bars independently defeated his claims.