Williams (Anthony) v. Warden

• Court: Nevada Supreme Court
• Decided: May 12, 2014
• Docket: 64347
• Status: Unpublished

Opinion

reasons for wanting to waive the preliminary hearing and Williams agreed with these tactics, trial counsel had authority to sign the waiver because the right to a preliminary hearing is a statutory right, and trial counsel effectively waived the preliminary hearing on Williams' behalf. The district court further concluded that its findings rendered Williams' claim of ineffective assistance of appellate counsel moot. Our review of the record reveals that the district court's factual findings are supported by substantial evidence and are not clearly wrong, and Williams has not demonstrated that the district court erred as a matter of law. See NRS 171.196 (providing for a preliminary hearing when a case must be tried in the district court); New York v. Hill, 528 U.S. 110, 114 (2000) ("For certain fundamental rights, the defendant must personally make an informed waiver. For other rights, however, waiver may be effected by action of counsel." (citations omitted)); Strickland v. Washington, 466 U.S. 668, 687 (1984) (establishing a two-part test for ineffective assistance of counsel); Kirksey v. State, 112 Nev. 980, 987, 923 P.2d 1102, 1107 (1996) (adopting test in Strickland); see generally Furbay v. State, 116 Nev. 481, 484, 998 P.2d 553, 555 (2000) (defendant can waive his statutory right to a speedy trial and the waiver can be effected by counsel) Accordingly, we ORDER the judgment of the district court AFFIRMED.

Hardesty

SUPREME COURT OF NEVADA 2 (0) 1947A cc: Hon. Jerome Polaha, District Judge Jeffrey S. Blanck Attorney General/Carson City Washoe County District Attorney Washoe District Court Clerk

SUPREME COURT OF NEVADA 3 (0) 1947A