Duarte-Herrera (Porfirio) v. State

 on this claim. We disagree. Although appellant asserts that law
enforcement threatened to deport his family unless he confessed, he does
not assert that he told counsel about the threats and therefore did not
allege sufficient facts to entitle him to relief or an evidentiary hearing.
See Hargrove v. State, 100 Nev. 498, 502, 686 P.2d 222, 225 (1984).
Moreover, appellant does not explain how suppressing his statements
would have changed the outcome at trial. We conclude that no relief is
warranted on this claim.
Second, appellant contends that the district court erred by
denying his claim that appellate counsel was ineffective for failing to
challenge the denial of his motion for severance. Appellant also contends
that the district court should have held an evidentiary hearing on this
claim. We disagree. Appellant does not point to the portion of the record
where his codefendant's statements were admitted without being subject
to cross-examination, where he was prevented from presenting evidence
that would have been admissible in a separate trial, or where a specific
trial right was violated. See Chartier v. State, 124 Nev. 760, 765, 191 P.3d
1182, 1185 (2008). Appellant also fails to demonstrate that any prejudice
resulted from the joint trial. See id. We conclude that no relief is
warranted on this claim.
Third, appellant contends that the district court erred by
denying his claim that he is actually innocent without conducting an
evidentiary hearing. We disagree. Assuming that a free-standing claim of
actual innocence is cognizable in a post-conviction petition for a writ of
habeas corpus, the affidavit in question failed to demonstrate appellant's
actual innocence. See Schlup v. Delo, 513 U.S. 298, 329 (1995); Herrera v.
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Collins, 506 U.S. 390, 417 (1993). We therefore conclude that no relief is
warranted on this claim.
Having considered appellant's contentions and concluded that
no relief is warranted, we
ORDER the judgment of the district court AFFIRMED.
Saitta
La Pideu(ty
Ali
%/ , J•
Pickering
cc: Hon. Michael Villani, District Judge
Law Offices of Gamage & Gamage
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
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