Draw (Hubert) v. State

Opinion

Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005). Here, the district court conducted an evidentiary hearing and heard testimony

from Draw's trial counsel. Draw did not testify at the evidentiary hearing and he did not call his appellate counsel to testify. The district court found that Draw failed to demonstrate that trial counsel's representation was deficient or prejudice. See 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)). The district court also determined that appellate counsel was not ineffective. See Kirksey, 112 Nev. at 998, 923 P.2d at 1113-14. 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 Draw's ineffective-assistance claims.

Draw also contends that the district court erred by denying the claims raised in his initial pro se petitions. Draw claims that his due process rights were violated (1) by missing transcripts and the alleged destruction of preliminary hearing and calendar call transcripts by a court reporter, (2) by counsel's failure to investigate and prepare for trial, and (3) because he is actually innocent. Draw, however, offers no argument with the requisite factual specificity or citation to any relevant legal authority in support of these claims, therefore, we need not address them. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987).

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Nevertheless, based on our review of the record, we conclude that the district court did not err by rejecting these claims. See Lader, 121 Nev. at 686, 120 P.3d at 1166; see also Strickland, 466 U.S. at 687-88; Kirksey, 112 Nev. at 987, 998, 923 P.2d at 1107, 1113-14. Accordingly, we ORDER the judgment of the district court AFFIRMED.

J.

Saitta

J.

Gibbons Pickering

cc: Hon. Elissa F. Cadish, District Judge Christopher R. Oram

Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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