Keller (John) v. State

Nevada Supreme Court

Keller (John) v. State

Opinion

Second, Keller claims that the district court erred by denying

his claims that (1) the district court denied him his rights to equal

protection and due process by accepting his guilty plea without advising

him of his right to an appeal and (2) he was unable to present additional

claims because he did not have the entire file. Keller does not support

these claims with any cogent argument or citation to authority and we

decline to address them. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987).

Third, Keller argues that the district court erred by declining

to appoint counsel to assist with all of his claims. We conclude Keller fails

to demonstrate that the district court abused its discretion by appointing

counsel to assist him with only his appeal deprivation claim. See NRS

34.750(1).

Fourth, Keller contends that the district court erred by

denying his claim that he was denied his right to a direct appeal due to

ineffective assistance of counsel. When reviewing the district court's

resolution of an ineffective-assistance claim, we give deference to the

court's factual findings if they are 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). The district court found that Keller failed to demonstrate that

counsel was deficient. See Strickland v. Washington, 466 U.S. 668, 687

(1984) (establishing two-part test for ineffective assistance of counsel); SUPREME COURT

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Kirksey v. State, 112 Nev. 980, 987-88, 923 P.2d 1102, 1107 (1996)

(adopting the Strickland test). The district court's findings are supported

by substantial evidence and are not clearly wrong, and Keller has failed to

demonstrate that the district court erred as a matter of law. See Toston v.

State, 127 Nev. „ 267 P.3d 795, 801 (2011) (discussing

circumstances under which counsel has a duty to file a direct appeal).

Accordingly, we

ORDER the judgment of the district court AFFIRMED.

Hardesty

Parraguirre

cc: Hon. Linda Marie Bell, District Judge

Matthew D. Carling

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk SUPREME COURT

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Reference

Status
Unpublished