Robles (Verenise) v. State

• Court: Nevada Supreme Court
• Decided: July 10, 2019
• Docket: 76402
• Status: Unpublished

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

VERENISE ROBLES, No. 76402 Appellant, I!'Pa ink 1-ir vs. THE STATE OF NEVADA, JUL t 0 2019 Respondent. EL ,ZA•L'L.Tii BROWN CLERK C U.F,EME COURT ORDER OF AFFIRMANCE DEP CLERK

This is an appeal from a district court order denying appellant Verenise Robles postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Elissa F. Cadish, Judge. Robles argues the district court erred by denying her claims of ineffective assistance of counsel. To prove ineffective assistance of counsel, a petitioner must demonstrate that counsel's performance was deficient in that it fell below an objective standard of reasonableness, and resulting prejudice such that there is a reasonable probability that, but for counsers errors, the outcome of the proceedings would have been different. Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Warden v. Lyons, 100 Nev. 430, 432-33, 683 P.2d 504, 505 (1984) (adopting the test in Strickland). Both components of the inquiry must be shown, Strickland, 466 U.S. at 697, and the petitioner must demonstrate the underlying facts by a preponderance of the evidence, Means v. State, 120 Nev. 1001, 1012, 103 P.3d 25, 33 (2004). We give deference to the district court's factual findings if supported by substantial evidence and not clearly erroneous but review the court's application of the law to those facts de novo. Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005). First, Robles argues that counsel should have filed a motion to suppress her confession because she was unsophisticated in legal matters,

H-261 2 ifg she did not understand her rights, her refusal to sign the Miranda1 warnings indicates that she had strong reservations about the interview, and the police grilled her relentlessly. The district court rejected this argument, concluding Robles did not demonstrate that the motion would have succeeded as her factual assertions were not supported by the record and a defendant's legal sophistication is not required for a confession to be admissible at trial. Robles did not provide copies of the trial transcripts, a transcript of her interview with the police, or any other evidence relating to her confession. It is Robles burden to provide this court with an adequate record for review. See McConnell v. State, 125 Nev. 243, 256 n.13, 212 P.3d 307, 316 n.13 (2009). Because Robles did not provide an adequate record to review this claim, she fails to meet her burden to demonstrate that she is entitled to relief. Next, Robles argues counsel did not sufficiently investigate and prepare for trial. Trial counsel testified that he met with Robles, provided her discovery, had his investigator meet with her, and discussed anticipated defenses with her. Beyond a brief statement that there were other suspects the police did not pursue, Robles did not identify what evidence a more thorough investigation would have disclosed, and thus, she fails to demonstrate deficient performance. Further, Robles necessarily did not demonstrate prejudice because she failed to provide this court with the trial transcripts. Next, Robles argues counsel should have requested a pretrial line-up because in-court identification is inherently suggestive. The district court concluded Robles did not demonstrate deficient performance, did not

1Miranda v. Arizona, 384 U.S. 436 (1966).

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1 appellant did not demonstrate that counsel was ineffective in regard to filing an appeal. Giving deference to the district court's findings, we conclude that Robles failed to demonstrate that counsel was ineffective. Having determined that Robles has not demonstrated any error in the district court's decision, we ORDER the judgment of the district court AFFIRMED.

Acd, , J. Hardesty

Al4C4--1° J. Stiglich

Silver

cc: Chief Judge, Eighth Judicial Dist. Court Terrence M. Jackson Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

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