Bates (Heather) v. State

 Strickland v. Washington, 466 U.S. 668, 687-88, 694 (1984); Kirksey v.
State, 112 Nev. 980, 987, 923 P.2d 1102, 1107 (1996). We conclude that
the district court did not abuse its discretion by not conducting an
evidentiary hearing, see NRS 34.770(2); Nika v. State, 124 Nev. 1272,
1300-01, 198 P.3d 839, 858 (2008) (holding that a petitioner is entitled to
an evidentiary hearing only when specific factual allegations are asserted
"that are not belied or repelled by the record and that, if true, would
entitle him to relief"), and did not err by rejecting Bates' ineffective-
assistance claims.
Bates also contends that "NRAP 3C has a chilling effect on the
constitutional right to direct appeal and the constitutional right to
effective assistance of counsel on direct appeal." In its order dismissing
the petition, the district court noted that Bates failed to present any facts
or authority in support of this claim. We have consistently rejected this
argument, as Bates concedes, and again point out that NRAP 3C complies
with the due process requirements of the state and federal constitutions.
See Wood v. State, 115 Nev. 344, 352, 990 P.2d 786, 791 (1999).
Therefore, we conclude that the district court did not err by rejecting this
claim, and we
ORDER the judgment of the district court AFFIRMED.
/
Hardesty
SUPREME COURT
OF
NEVADA
2
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cc: Hon. Brent T. Adams, District Judge
Karla K. Butko
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
SUPREME COURT
OF
NEVADA
3
(0) 1947A
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