Legal Opinion

Freeman (Jacoby) v. State

Nevada Supreme Court

Decided September 18, 2013No. 61928Unpublished

1Opinion of the Court

Freeman next contends that the district court erred by not conducting an evidentiary hearing on his claim that the guilty plea was not knowingly entered because counsel misinformed him regarding the number of counts he was pleading guilty to. We conclude that Freeman fails to demonstrate that the district court abused 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…

2Cases cited5 opinions

  1. Kirksey v. StateNevada Supreme Court · 1996
  2. Maresca v. StateNevada Supreme Court · 1987
  3. Nika v. StateNevada Supreme Court · 2008
  4. Davis v. StateNevada Supreme Court · 1999
  5. Gebers v. StateNevada Supreme Court · 2002

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