Hall (Andrew) v. State ( 2014 )


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  •                 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).
    First, Hall claims that counsel was ineffective during the
    juvenile proceedings for failing to appeal the Certification to Adult Status
    Order. We conclude that the district court did not err by denying this
    claim. By pleading guilty to felony charges, Hall waived his challenge to
    the juvenile proceedings.   See Reuben C. v. State, 
    99 Nev. 845
    , 846, 
    673 P.2d 493
    , 493-94 (1983) ("[Al challenge to the juvenile proceedings which
    resulted in the filing of felony charges against [the juvenile] is precluded
    by the entry of a plea of guilty to those charges."); see also Powell v.
    Sheriff Clark Cnty., 
    85 Nev. 684
    , 687, 
    462 P.2d 756
    , 758 (1969).
    Second, Hall claims that counsel was ineffective during the
    district court proceedings for failing to appeal the judgment of conviction.
    At an evidentiary hearing, Hall testified that he did not request counsel to
    file an appeal or tell counsel he was unhappy with his sentence.         See
    Toston v. State, 127 Nev. „ 
    267 P.3d 795
    , 800 (2011) (holding that
    trial counsel has a duty to file a direct appeal when a client requests one
    or when the client expresses dissatisfaction with his conviction and
    sentence). Counsel testified that Hall did not ask him to file an appeal
    and did not give the impression that he wanted to appeal. Counsel further
    testified that he did not believe there were any meritorious issues to raise
    on appeal. The district court determined that Hall failed to demonstrate
    that counsel was ineffective. Because the district court's findings are
    supported by substantial evidence and we agree with the district court's
    SUPREME COURT
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    determinations, we conclude that it did not err by denying this claim.
    Accordingly, we
    ORDER the judgment of the district court AFFIRMED.
    ciLt_tt         J.
    Hardesty
    ,2:›vtal (691"
    Douglas
    J.
    cc:   Hon. Michelle Leavitt, District Judge
    Bush & Levy, LLC
    Attorney General/Carson City
    Clark County District Attorney
    Eighth District Court Clerk
    SUPREME COURT
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    NEVADA
    3
    (0) I 947A
    

Document Info

Docket Number: 64257

Filed Date: 5/12/2014

Precedential Status: Non-Precedential

Modified Date: 4/18/2021