Draw (Hubert) v. State

• Court: Nevada Supreme Court
• Decided: February 12, 2015
• Docket: 64390
• Status: Unpublished

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).

SUPREME COURT OF NEVADA 2 (0) 1947A 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

SUPREME COURT OF NEVADA 3 (0) 1947A e