Preciado-Nuno v. State
Preciado-Nuno v. State
Opinion of the Court
This is an appeal from a district court order denying appellant Edward Preciado-Nuno's postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge. Preciado-Nuno argues that he received ineffective assistance of trial counsel. We disagree and affirm.
To demonstrate ineffective assistance of counsel, a petitioner must show that counsel's performance was deficient in that it fell below an objective standard of reasonableness and that prejudice resulted in that there was a reasonable probability of a different outcome absent counsel's errors. Strickland v. Washington,
First, Preciado-Nuno argues that trial counsel should have ensured that all bench conferences were recorded. At the relevant time, the trial court was not required to make a record of all bench conferences. See Daniel v. State,
Preciado-Nuno next argues that trial counsel should have objected to the State's blood-pattern expert's testimony about a "blood void" as a violation of NRS 174.234(3)(b) because it was not specifically addressed in the expert's report. Preciado-Nuno argued in his direct appeal that this omission violated NRS 174.234(3)(b), and we considered and rejected that argument. See id. at 42,
Preciado-Nuno next argues that trial counsel should have interviewed the State's blood-pattern expert before trial. He argues that such an interview would have led counsel to discover the blood-void theory and then hire a defense expert. Substantial evidence supports the district court's findings that trial counsel strategically decided to discredit the State's expert through cross-examination and that counsel concluded that a pretrial interview of the expert was not warranted. The record further shows that trial counsel interviewed several expert witnesses and retained and called one. Decisions regarding what witnesses to call or defenses to develop are strategic decisions that rest with counsel. Rhyne v. State,
Preciado-Nuno next argues that trial counsel should have ensured that the victim's blood was preserved so that it could be tested for evidence of opiate intoxication. The medical examiner testified that the victim's toxicology report indicated the presence of oxycodone and valium metabolite, and trial counsel discussed this evidence in closing argument. The record thus belies Preciado-Nuno's implication that counsel could not argue inferences from the victim's intoxication, and Preciado-Nuno offers no other argument that counsel performed deficiently in this regard. Insofar as Preciado-Nuno claims that counsel should have investigated the victim's blood more thoroughly, Preciado-Nuno has not shown how a more thorough investigation would have led to a reasonable probability of a different outcome. See Molina v. State,
Preciado-Nuno next argues that trial counsel should have challenged several factual errors in the presentence investigation report. The alleged errors are consistent with his arrest report, and the presentence investigation report's offense synopsis states that it relied on police reports. As such, Preciado-Nuno has not shown deficient performance. Further, Preciado-Nuno has not shown a reasonable probability of a different outcome regarding his sentencing, classification, placement in prison programs, or parole eligibility had counsel objected to the alleged errors. See Stockmeier v. State, Bd. of Parole Comm'rs,
Lastly, Preciado-Nuno argues that multiple instances of deficient performance cumulate to warrant relief. Even assuming that multiple deficiencies may be cumulated, claims are cognizable in a postconviction context, see McConnell v. State,
Having considered Preciado-Nuno's contentions and concluded that they do not warrant relief, we
ORDER the judgment of the district court AFFIRMED.
Reference
- Full Case Name
- Edward A. PRECIADO-NUNO, a/k/a Edward Preciado v. The STATE of Nevada
- Status
- Published