Gonzalez (Hector) v. State ( 2014 )


Menu:
  •                   wrong but review the court's application of the law to those facts de novo.
    Lader v. Warden, 
    121 Nev. 682
    , 686, 
    120 P.3d 1164
    , 1166 (2005). Here,
    the district court conducted an evidentiary hearing and heard testimony
    from Gonzalez and one of the two attorneys who represented him at trial.
    The district court found that Gonzalez failed to demonstrate that trial
    counsel were deficient or prejudice.       See Strickland v. Washington, 
    466 U.S. 668
    , 687-88, 694 (1984); Kirksey v. State, 
    112 Nev. 980
    , 987, 
    923 P.2d 1102
    , 1107 (1996); see also Cullen v. Pinholster, 563 U.S. „ 
    131 S. Ct. 1388
    , 1408 (2011) ("Surmounting Strickland's high bar is never an
    easy task." (quotation marks omitted) (alteration omitted)). We conclude
    that the district court's findings are supported by substantial evidence, see
    Riley v. State, 
    110 Nev. 638
    , 647, 
    878 P.2d 272
    , 278 (1994), and the district
    court did not err by rejecting Gonzalez's ineffective-assistance claims.
    Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    C.J.
    Gibbons
    J.
    Pickering
    cc:   Hon. Elissa F. Cadish, District Judge
    Terrence M. Jackson
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
    OF
    NEVADA                                              2
    (0) 1947A    e4