DocketNumber: 63715
Filed Date: 5/12/2014
Status: Non-Precedential
Modified Date: 4/18/2021
When reviewing the district court's resolution of an ineffective-assistance claim, we give deference to the court's factual findings if they are supported by substantial evidence and not clearly wrong but review the court's application of the law to those facts de novo. Lacier v. Warden,121 Nev. 682
, 686,120 P.3d 1164
, 1166 (2005). Here, the district court conducted a hearing and heard arguments from counsel before denying Blackmore's petition. The district court found, among other things, that "[b]ased on the evidence developed at the Grand Jury, it was reasonable for counsel to advise [Blackmore] that a jury could have found the intent necessary to convict [her] of the crime of attempted murder." The district court also found that Blackmore was aware of the potential sentencing consequences, that "[t]he sentences of her co- defendants are wholly irrelevant," and that she entered her guilty plea voluntarily. The district court determined that trial counsel was not deficient and that Blackmore failed to demonstrate prejudice. See Hill v. Lockhart,474 U.S. 52
, 58-59 (1985); Strickland v. Washington,466 U.S. 668
, 687-88, 694 (1984); Kirksey v. State,112 Nev. 980
, 987,923 P.2d 1102
, 1107 (1996); see also Cullen v. Pinholster, 563 U.S. „131 S. Ct. 1388
, 1408 (2011) ("Surmounting Strickland's high bar is never an easy task." (quotation marks omitted) (alteration omitted)). We conclude that the district court's findings are supported by substantial evidence, see Riley v. State,110 Nev. 638
, 647,878 P.2d 272
, 278 (1994), and the district court did not err by rejecting Blackmore's claims without conducting an SUPREME COURT OF NEVADA 2 (0) 1947A evidentiary hearing, see generally Hargrove v. State,100 Nev. 498
, 503,686 P.2d 222
, 225 (1984). Accordingly, we ORDER the judgment of the district court AFFIRMED. J. Hardesty cc: Hon. Elizabeth Goff Gonzalez, District Judge Christopher R. Oram Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA 3 (0) 1947A se
Cullen v. Pinholster , 131 S. Ct. 1388 ( 2011 )
Lader v. Warden, Northern Nevada Correctional Center , 121 Nev. 682 ( 2005 )
Hargrove v. State , 100 Nev. 498 ( 1984 )
Kirksey v. State , 112 Nev. 980 ( 1996 )
Riley v. State , 110 Nev. 638 ( 1994 )
Hill v. Lockhart , 106 S. Ct. 366 ( 1985 )