Keeran (Brady) v. State ( 2013 )

 First, Keeran argues that the district court erred by denying
his claim that counsel was ineffective for failing to call Shelli Hannah on
his behalf at trial. Keeran asserted that, unbeknownst to him, Hannah
forged her estranged husband's signature on a check that he attempted to
cash and thus he did not have the intent to commit burglary and forgery.
See NRS 205.060; NRS 205.090; NRS 205.110. The district court
conducted an evidentiary hearing and Hannah did not testify. The district
court denied this claim because Keeran failed to demonstrate that
Hannah's testimony would have changed the result at trial. We agree.
Accordingly, we conclude that the district court did not err by denying this
claim.
Second, Keeran argues that the district court erred by denying
his claims that counsel was ineffective for stipulating to the admission of
the forged check and for agreeing with the State on key issues in his
opening statement. The district court denied these claims because it
determined that they fell under the purview of counsel's tactical decisions,
see Rhyne v. State, 118 Nev. 1, 8, 38 P.3d 163, 167-68 (2002), and any
objection would have been futile, see Ennis v. State, 122 Nev. 694, 706,
137 P.3d 1095, 1103 (2006). We agree. Accordingly, we conclude that the
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district court did not err by denying these claims. 1 Therefore, we
ORDER the judgment of the district court AFFIRMED.
Gibbons
Saitta
cc: Hon. Carolyn Ellsworth, District Judge
Kristina M. Wildeveld
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
1 Keeran also argues that the district court abused its discretion at
sentencing because it relied on the "materially untrue" assumption that he
was guilty of the crime. We decline to consider this claim because it is
improperly raised for the first time on appeal. See Davis v. State, 107
Nev. 600, 606, 817 P.2d 1169, 1173 (1991), overruled on other grounds by
Means v. State, 120 Nev. 1001, 103 P.3d 25 (2004).
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