Legal Opinion

Bates (Heather) v. State

Nevada Supreme Court

Decided April 9, 2013No. 61495Unpublished

1Opinion of the Court

Strickland v. Washington,

466 U.S. 668, 687-88, 694

(1984); Kirksey v. State, 112 Nev. 980, 987,

923 P.2d 1102, 1107

(1996). We conclude that the district court did not abuse its discretion by not conducting an evidentiary hearing, see NRS 34.770(2); Nika v. State, 124 Nev. 1272, 1300-01,

198 P.3d 839, 858

(2008) (holding that a petitioner is entitled to an evidentiary hearing only when specific factual allegations are asserted "that are not belied or repelled by the record and that, if true, would entitle him to relief"), and did not err by rejecting Bates' ineffective- assistance claims. Bates…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Kirksey v. StateNevada Supreme Court · 1996
  3. Nika v. StateNevada Supreme Court · 2008
  4. Wood v. StateNevada Supreme Court · 1999

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