overruled on other grounds by Means v. State, 120 Nev. 1001, 1012-13, 103 P.3d 25, 33 (2004). We note that appellant's reliance on Hill is misplaced as that case involved a capital petitioner. Accordingly, we conclude that the district court did not err in denying the petition, and we ORDER the judgment of the district court AFFIRMED.

, J.

CC: Chief Judge, Tenth Judicial District Hon. Robert E. Estes, Senior Judge Law Office of David R. Houston Churchill County District Attorney/Fallon Attorney General/Carson City Churchill County Clerk

SUPREME COURT OF NEVADA 2 (0) 1947A mes,