Brass (George) v. State

must be shown, Strickland, 466 U.S. at 697, and the petitioner must demonstrate the underlying facts by a preponderance of the evidence, Means v. State, 120 Nev. 1001, 1012,

103 P.3d 25, 33

(2004). We give deference to the district court's factual findings if 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). First, appellant claimed counsel was ineffective for failing to object to jury instruction no. 8, which defined willful, deliberate, and premeditated…