Collins (Lionel) v. State ( 2014 )

 an evidentiary hearing, a petitioner must raise claims that are supported
by specific factual allegations that are not belied by the record and, if true,
would entitle him to relief. Hargrove v. State, 100 Nev. 498, 502-03, 686
P.2d 222, 225 (1984).
First, appellant argues that trial counsel was ineffective for
failing to conduct a proper investigation before appellant pleaded guilty.
Appellant failed to demonstrate deficiency or prejudice, as he did not
provide specific factual allegations as to what counsel should have done or
how further investigation would have affected appellant's decision to plead
guilty. See id. Therefore, the district court did not err in denying this
claim.
Second, appellant argues that trial counsel was ineffective for
failing to object to expert testimony at the preliminary hearing and for
failing to challenge the testimony in a pretrial petition for a writ of habeas
corpus. Appellant contends that the expert's testimony about the victim's
cause of death violated the Confrontation Clause because the expert was
not the person who conducted the autopsy on the victim. Appellant failed
to demonstrate deficiency or prejudice. A defendant has no constitutional
right to confrontation at preliminary hearings. See Sheriff v. Witzenburg,
122 Nev. 1056, 1062, 145 P.3d 1002, 1006 (2006). Thus, any objection or
challenge to the expert's testimony on this basis would have been futile.
See Ennis v. State, 122 Nev. 694, 706, 137 P.3d 1095, 1103 (2006) (stating
that counsel cannot be deemed ineffective for failing to make a futile
objection). Therefore, the district court did not err in denying this claim.
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Because appellant's claims did not entitle him to relief, the
district court did not err in denying the petition without an evidentiary
hearing. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
cc: Hon. Kathleen E. Delaney, District Judge
Christopher R. Oram
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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