Bates (Heather) v. State ( 2013 )


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  •                 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
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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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Document Info

Docket Number: 61495

Filed Date: 4/9/2013

Precedential Status: Non-Precedential

Modified Date: 10/30/2014