Benito-Victoria (Javier) v. State

him to relief). Although trial counsel requested that the victim undergo a psychological evaluation, counsel did not present expert testimony regarding a child's supposed inability to recall certain events before age five, particularly sexual events. Such testimony, if credible, could have impacted the verdict in a way that cross-examination or other impeachment could not, and therefore the district court was too quick to dismiss this claim without conducting an evidentiary hearing. We therefore

ORDER the judgment of the district court REVERSED AND REMAND this matter to the district court for proceedings consistent with this order.

Parraguirre

110-3 J. Douglas cc: Hon. Elizabeth Goff Gonzalez, District Judge Turco & Draskovich

Attorney General/Carson City

Clark County District Attorney

Eighth District Court Clerk

SUPREME COURT

OF

NEVADA (0)1947A talpp