Court denies inmate’s appeal

Wednesday, May 11, 2005 | 9:58 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- An inmate, sentenced in 1983 to 123 years in prison plus two life terms with parole for a variety of crimes in Clark County, has lost his appeal to the 9th U.S. Circuit Court of Appeals.

Juan High, 41, was convicted of five counts of burglary, six counts of robbery with use of a weapon, one count of conspiracy and one count of sexual assault with use of a deadly weapon.

The 9th U.S. Circuit Court of Appeals ruled federal courts cannot consider his petition for a writ because the petitions in the Nevada courts were barred because he failed to meet deadlines.

After High's first appeal to the Nevada Supreme Court was denied in 1985, he waited six years before filing a writ. Nevada law requires the writ be filed within one year after denial of the appeal by the Nevada Supreme Court.

The appeals court said the Nevada Supreme Court has applied consistently the rule that a person must file the petition for a writ within one year.

"If the state court finds a petitioner's claims barred by an independent and adequate state procedural rule, federal review of that claim is barred," said Judge Carlos Bea who wrote the unanimous decision.

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