Rico-Rios (Salvador) v. Warden ( 2013 )


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  •                 from Rico-Rios and his former defense counsel. The district court
    concluded that Rico-Rios was not improperly denied his right to a direct
    appeal, see Thomas v. State, 
    115 Nev. 148
    , 150, 
    979 P.2d 222
    , 223 (1999);
    Lozada v. State, 
    110 Nev. 349
    , 354-55, 
    871 P.2d 944
    , 947 (1994), and that
    "he fail[ed] to articulate, let alone establish," that he was prejudiced by
    counsel's failure to contact the Mexican consulate, see generally Garcia v.
    State, 
    117 Nev. 124
    , 128-29, 
    17 P.3d 994
    , 996-97 (2001). The district
    court's findings are supported by substantial evidence and not clearly
    wrong, and Rico-Rios has not demonstrated that the district court erred as
    a matter of law.   See Hill v. Lockhart, 
    474 U.S. 52
    , 59 (1985); see also
    Strickland v. Washington, 
    466 U.S. 668
    , 687-8.8, 694 (1984); Kirksey v.
    State, 
    112 Nev. 980
    , 987, 
    923 P.2d 1102
    , 1107 (1996). Therefore, we
    conclude that the district court did not err by rejecting Rico-Rios'
    ineffective-assistance claims, and we
    ORDER the judgment of the district court AFFIRMED.
    J.
    Gibbons
    Lici I AJ'        , J.
    Douglas
    J.
    Saitta
    SUPREME COURT
    OF
    NEVADA
    2
    (0) 1947A
    cc:   Hon. Lidia Stiglich, District Judge
    Story Law Group
    Attorney General/Carson City
    Washoe County District Attorney
    Washoe District Court Clerk
    SUPREME COURT
    OF
    NEVADA
    3
    (0) 1947A
    

Document Info

Docket Number: 63003

Filed Date: 9/18/2013

Precedential Status: Non-Precedential

Modified Date: 4/17/2021