Keeran (Brady) v. State

Nevada Supreme Court

Keeran (Brady) v. State

Opinion

First, Keeran argues that the district court erred by denying

his claim that counsel was ineffective for failing to call Shelli Hannah on

his behalf at trial. Keeran asserted that, unbeknownst to him, Hannah

forged her estranged husband's signature on a check that he attempted to

cash and thus he did not have the intent to commit burglary and forgery.

See NRS 205.060; NRS 205.090; NRS 205.110. The district court

conducted an evidentiary hearing and Hannah did not testify. The district

court denied this claim because Keeran failed to demonstrate that

Hannah's testimony would have changed the result at trial. We agree.

Accordingly, we conclude that the district court did not err by denying this

claim.

Second, Keeran argues that the district court erred by denying

his claims that counsel was ineffective for stipulating to the admission of

the forged check and for agreeing with the State on key issues in his

opening statement. The district court denied these claims because it

determined that they fell under the purview of counsel's tactical decisions,

see Rhyne v. State, 118 Nev. 1, 8, 38 P.3d 163, 167-68 (2002), and any

objection would have been futile, see Ennis v. State, 122 Nev. 694, 706,

137 P.3d 1095, 1103 (2006). We agree. Accordingly, we conclude that the SUPREME COURT

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,dgi4g4'

district court did not err by denying these claims. 1 Therefore, we

ORDER the judgment of the district court AFFIRMED.

Gibbons

Saitta

cc: Hon. Carolyn Ellsworth, District Judge

Kristina M. Wildeveld

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

1 Keeran also argues that the district court abused its discretion at

sentencing because it relied on the "materially untrue" assumption that he

was guilty of the crime. We decline to consider this claim because it is

improperly raised for the first time on appeal. See Davis v. State, 107 Nev. 600, 606, 817 P.2d 1169, 1173 (1991), overruled on other grounds by

Means v. State, 120 Nev. 1001, 103 P.3d 25 (2004). SUPREME COURT

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Reference

Status
Unpublished