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).
Hankston asserts that had counsel interviewed Shane Harris
and Tasha Bradford they would have informed him that at least one of the
individuals who approached Hankston before the shooting was armed and
with this information counsel could have presented a theory of self-
defense, as he requested. The district court conducted an evidentiary
hearing, found Bradford's testimony not credible, made no finding
regarding Harris or Hankston's testimony, and found credible trial
counsel's testimony that Hankston never told him that he acted in self-
defense or asked him to seek out any witnesses to present a theory of self-
defense. The district court also noted that, while the jury was deliberating
at trial, counsel stated that Harris had been contacted by an investigator
and had nothing to offer and Hankston acknowledged that either Harris
was unable or unwilling to testify. The district court denied Hankston's
claims, concluding that counsel was not deficient for presenting a
misidentification defense and Hankston failed to demonstrate a
reasonable likelihood that the verdict would have otherwise been different
because neither Bradford nor Harris actually saw the shooting. See State
v. Love, 109 Nev. 1136, 1139, 865 P.2d 322, 324 (1993). The record
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supports these determinations. We conclude that the district court did not
err by denying these claims, and we
ORDER the judgment of the district court AFFIRMED.'
J.
Hardesty
Cherry
cc: Hon. Stefany Miley, District Judge
Craig W. Drummond
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
1 Hankston's fast track statement does not comply with NRAP
3C(h)(1) and NRAP 32(a)(4) because it does not have 1-inch margins on all
four sides. We caution Hankston's counsel, Craig Drummond, that future
failure to comply with formatting requirements when filing briefs with
this court may result in the imposition of sanctions. See NRAP 3C(n).
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