Austerman (John) v. State

Both components of the inquiry 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 argues that his trial counsel was ineffective for arguing for life sentences in this case and for not…