would entitle him to relief. Hargrove v. State, 100 Nev. 498, 502-03, 686
P.2d 222, 225 (1984).
First, appellant argues that his trial counsel was ineffective
for failing to investigate and discover documentation and witnesses to
prove appellant's assertion that he often traveled for work. Appellant
asserts that this information would have shown he was gone too often to
have sexually abused the victim as often as she claimed. Appellant failed
to demonstrate that his trial counsel's performance was deficient or that
he was prejudiced. Appellant testified that that he traveled often for work
and the victim testified that the molestation occurred when appellant was
not traveling. Appellant fails to identify what additional evidence counsel
would have discovered had counsel conducted further investigation into
this issue. See Molina v. State, 120 Nev. 185, 192, 87 P.3d 533, 538 (2004).
Appellant fails to demonstrate a reasonable probability of a different
outcome at trial had additional information regarding his travel been
presented to the jury. Therefore, the district court did not err in denying
this claim without conducting an evidentiary hearing.
Second, appellant argues that his trial counsel was ineffective
for eliciting testimony from appellant's ex-wife regarding domestic
violence allegations towards the ex-wife and her children, as it showed
appellant in a bad light. Appellant fails to demonstrate that he was
prejudiced. Appellant testified that his ex-wife was so violent towards him
that he obtained a temporary restraining order against her, that he had
never been arrested for domestic violence, and that he believed that the
restraining order motivated his ex-wife to encourage the victim to
fabricate the allegations. Given appellant's testimony, appellant fails to
demonstrate a reasonable probability of a different outcome had counsel
SUPREME COURT
OF
NEVADA
2
(0) 0 7A
refrained from questioning the ex-wife regarding domestic violence.
Moreover, appellant fails to demonstrate a reasonable probability of a
different outcome at trial had counsel not elicited any testimony regarding
domestic violence as appellant confessed to committing the sexual acts
with the victim. Therefore, the district court did not err in denying this
claim without conducting an evidentiary hearing.
Third, appellant argues that his counsel failed to investigate
appellant's ex-wife's and her family's theft from appellant and use of
appellant's credit information, as appellant asserts his discovery of those
issues may have motivated his ex-wife to coach the victim to fabricate
allegations. Appellant fails to demonstrate that his counsel's performance
was deficient or that he was prejudiced. • Appellant testified that his ex-
wife stole money from him and that she and her family obtained money
from third parties through use of appellant's credit. Appellant fails to
identify what additional evidence counsel would have discovered had
counsel conducted further investigation into this issue. See id. Given
appellant's confession, he fails to demonstrate a reasonable probability of
a different outcome at trial had additional information regarding his ex-
wife's theft or fraudulent use of credit been presented to the jury.
Therefore, the district court did not err in denying this claim without
conducting an evidentiary hearing.
Fourth, appellant claims that the cumulative effect of
ineffective assistance of counsel warrants vacating his judgment of
conviction. As appellant did not demonstrate that any of his claims of
ineffective assistance of counsel had merit, he fails to demonstrate they
cumulatively amount to ineffective assistance of counsel. Therefore, the
SUPREME COURT
OF
NEVADA
3
(0) 1947A
district court did not err in denying this claim without conducting an
evidentiary hearing.
Having concluded appellant is not entitled to relief, we
ORDER the judgment of the district court AFFIRMED.
cc: Hon. Valerie Adair, District Judge
Linda A. Norvell Marquis
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk
SUPREME COURT
OF
NEVADA
4
(0) 1947A