Keller (John) v. State

Second, Keller claims that the district court erred by denying his claims that (1) the district court denied him his rights to equal protection and due process by accepting his guilty plea without advising him of his right to an appeal and (2) he was unable to present additional claims because he did not have the entire file. Keller does not support these claims with any cogent argument or citation to authority and we decline to address them. See Maresca v. State, 103 Nev. 669, 673, 748 P.2d 3, 6 (1987). Third, Keller argues that the district court erred by declining to appoint counsel to assist with all of his claims. We conclude Keller fails to demonstrate that the district court abused its discretion by appointing counsel to assist him with only his appeal deprivation claim. See NRS 34.750(1). Fourth, Keller contends that the district court erred by denying his claim that he was denied his right to a direct appeal due to ineffective assistance of counsel. When reviewing the district court's resolution of an ineffective-assistance claim, we give deference to the court's factual findings if they are 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). The district court found that Keller failed to demonstrate that counsel was deficient. See Strickland v. Washington, 466 U.S. 668, 687 (1984) (establishing two-part test for ineffective assistance of counsel); SUPREME COURT OF NEVADA vrarr 2 (0) 1947A — 3 — Kirksey v. State, 112 Nev. 980, 987-88, 923 P.2d 1102, 1107 (1996) (adopting the Strickland test). The district court's findings are supported by substantial evidence and are not clearly wrong, and Keller has failed to demonstrate that the district court erred as a matter of law. See Toston v. State, 127 Nev. „ 267 P.3d 795, 801 (2011) (discussing circumstances under which counsel has a duty to file a direct appeal). Accordingly, we ORDER the judgment of the district court AFFIRMED. Hardesty Parraguirre cc: Hon. Linda Marie Bell, District Judge Matthew D. Carling Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk SUPREME COURT OF NEVADA (0) 1947A