Lader v. Warden, Northern Nevada Correctional Center

OPINION ON REHEARING

By the Court, Hardesty, J.:

The primary issue we address in this appeal is appellant Philip Lader’s post-conviction claim that his trial and appellate counsel were ineffective for failing to adequately argue that his two prior felony convictions for driving under the influence of alcohol (DUI) in Nevada could not be used to enhance a subsequent DUI conviction to a felony, pursuant to NRS 484.3792, and in the same criminal proceeding adjudicate him a habitual criminal, pursuant to NRS 207.010. Lader argues that such dual use or “stacking” of prior felony DUI convictions to…