In re Douglas, 200 Cal.App.4th 236, 132 Cal.Rptr.3d 582, 588 (4th Dist. Oct. 27, 2011) (A petition for writ of habeas corpus that is substantially delayed without good cause is considered untimely and will not be considered on the merits unless the defects alleged by petitioner constitute a fundamental miscarriage of justice . . . which has previously been defined as one of the following: (1) that error of constitutional magnitude led to a trial that was so fundamentally unfair that absent the error no reasonable judge or jury would have convicted the petitioner; (2) that the petitioner is actually innocent of the crime or crimes of which he was convicted; (3) that the death penalty was imposed [based on grossly misleading information and] that absent the error or omission no reasonable judge or jury would have imposed a sentence of death; or (4) that the petitioner was convicted under an invalid statute.); quoting In re Clark (1993) 5 Cal.4th 750, 759.