Founts v. Warden, Nevada State Prison

OPINION

By the Court,

Zenoff, J.:

Appellant was convicted of kidnapping, attempted robbery and three counts of robbery. His conviction was affirmed on a prior appeal. Founts v. State, 87 Nev. 165, 483 P.2d 654 (1971).

Subsequently, he filed a petition for post-conviction relief pursuant to NRS 177.315 charging, inter alia, lack of effective assistance of counsel on appeal. From the judgment denying post-conviction relief appellant now appeals claiming, first, ineffectiveness of counsel on direct appeal, and second, ineffectiveness of counsel at the evidentiary hearing for post-conviction relief.

In…