LEWIS v. STATE (2022)

ORDER OF AFFIRMANCE

Lewis claims the district court erred by denying his petition without conducting an evidentiary hearing or sua sponte appointing counsel. In his petition, Lewis claimed the State possessed exculpatory evidence, his Alford ¹ plea was invalid, and he received ineffective assistance of counsel. Lewis failed to identify any newly discovered evidence that would establish his factual innocence. Therefore, we conclude the district court did not err by denying Lewis's petition. See NRS 34.960(2) (requiring the petition to assert newly discovered evidence that establishes factual innocence); see also NRS 34.930 (“ ‘Newly discovered evidence’ means evidence that was not available to a petitioner at trial or during the resolution by the trial court of any motion to withdraw a guilty plea or motion for new trial ․”). We further conclude the district court did not err when it failed to order an evidentiary hearing or appoint counsel. See NRS 34.970(3) (providing for an evidentiary hearing only after the pleading requirements of NRS 34.960 have been satisfied); NRS 34.980 (allowing the court to appoint counsel only after granting a hearing).

For the foregoing reasons, we conclude Lewis is not entitled to relief, and we

ORDER the judgment of the district court AFFIRMED.

FOOTNOTES

1.   North Carolina, v. Alford., 400 U.S. 25 (1970).