sentencing because these claims were belied by the record. Based on
testimony presented during the evidentiary hearing on Myers' motion to
withdraw guilty plea, the district court found that defense counsel and
Myers discussed the Miranda issues before Myers entered his guilty plea,
counsel explained to Myers that Miranda was not applicable to most of his
interviews because he was not detained and had participated voluntarily,
counsel explained that the damage from these interviews was damning
and could not be cured by suppressing the remaining interviews, and
Myers appeared to understand counsel's explanations and did not raise
the issue again. Based on the sentencing transcript, the district court
found that defense counsel provided mitigation by emphasizing Myers'
lack of violent criminal history and struggles with alcohol and
methamphetamine abuse, cross-examining the State's witnesses, and
filing a statement of mitigation on Myers' behalf. The district court
further found that Myers was not prejudiced by counsel's performance
because, even if additional mitigating evidence had been presented, the
district court would not have varied its sentencing decision given the
horrific nature of the crime and Myers' complete lack of remorse.
Our review of the record reveals that the district court's
factual findings are supported by substantial evidence and are not clearly
wrong, and Myers has not demonstrated that the district court erred as a
matter of law. See Hill v. Lockhart, 474 U.S. 52, 58-59 (1985); Strickland
v. Washington, 466 U.S. 668, 687 (1984); Kirksey v. State, 112 Nev. 980,
987, 923 P.2d 1102, 1107 (1996); see also Nika v. State, 124 Nev. 1272,
1300-01, 198 P.3d 839, 858 (2008) (explaining that a petitioner is only
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entitled to an evidentiary hearing if he has asserted specific factual
allegations that are not belied or repelled by the record and that, if true,
would entitled him to relief). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
J.
Hardesty
Parraguirre
cc: Hon. Janet J. Berry, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Washoe County District Attorney
Washoe District Court Clerk
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