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Randy Alesna McDaniel v. John Henley, Warden NNCC
Date: 11-20-2024
Case Number: 88693-COA
Judge: John Schlegelmilch
Court: Third Judicial District Court, Lyon County, Nevada
Plaintiff's Attorney:
Click Here For The Best Yerington Criminal Defense Lawyer Directory
Defendant's Attorney: Lyon County, Nevada District Attorney's Office
Description:
Yerington, Nevada criminal defense lawyer represented the Plaintiff seeking postconviction relief.
In his petition, McDaniel contended that (1) he was entitled to 196 days of credit for presentence confinement, (2) he was entitled to an additional 30 days of credit for post-sentence confinement, and (3) trial counsel was ineffective for failing to object to the sentencing court's decision not to award him any presentence credit.
McDaniel was convicted pursuant to a guilty plea, and his independent claim for presentence credit was outside the scope of a postconviction habeas petition stemming from a guilty plea. See NRS 34.810(1)(a) (stating a postconviction habeas petition stemming from a guilty plea may allege only "that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel"); Griffin, 122 Nev. at 745, 137 P.3d at 1170 (stating that, "[b]ecause the scope of claims that may be raised in a habeas corpus petition is limited," a claim for presentence credit "should be presented as an ineffective assistance of counsel claim-trial counsel was ineffective for failing to ensure that the defendant received the proper amount of credit or appellate counsel was ineffective for failing to raise the issue of presentence credit on appeal"). Therefore, we conclude McDaniel is not entitled to relief on this claim.
To demonstrate ineffective assistance of trial counsel, a petitioner must show counsel's performance was deficient in that it fell below an objective standard of reasonableness and prejudice resulted in that there was a reasonable probability of a different outcome absent counsel's errors. Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Warden v. Lyons, 100 Nev. 430, 432-33, 683 P.2d 504, 505 (1984) (adopting the test in Strickland). Both components of the inquiry must be shown. Strickland, 466 U.S. at 687. "A claim of ineffective assistance of counsel presents a mixed question of law and fact that is subject to independent review." Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005). A petitioner must raise claims supported by specific factual allegations that are not belied by the record and, if true, would entitle the petitioner to relief. Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984).
McDaniel v. Henley, 88693-COA (Nev. App. Nov 20, 2024)
In his petition, McDaniel contended that (1) he was entitled to 196 days of credit for presentence confinement, (2) he was entitled to an additional 30 days of credit for post-sentence confinement, and (3) trial counsel was ineffective for failing to object to the sentencing court's decision not to award him any presentence credit.
McDaniel was convicted pursuant to a guilty plea, and his independent claim for presentence credit was outside the scope of a postconviction habeas petition stemming from a guilty plea. See NRS 34.810(1)(a) (stating a postconviction habeas petition stemming from a guilty plea may allege only "that the plea was involuntarily or unknowingly entered or that the plea was entered without effective assistance of counsel"); Griffin, 122 Nev. at 745, 137 P.3d at 1170 (stating that, "[b]ecause the scope of claims that may be raised in a habeas corpus petition is limited," a claim for presentence credit "should be presented as an ineffective assistance of counsel claim-trial counsel was ineffective for failing to ensure that the defendant received the proper amount of credit or appellate counsel was ineffective for failing to raise the issue of presentence credit on appeal"). Therefore, we conclude McDaniel is not entitled to relief on this claim.
To demonstrate ineffective assistance of trial counsel, a petitioner must show counsel's performance was deficient in that it fell below an objective standard of reasonableness and prejudice resulted in that there was a reasonable probability of a different outcome absent counsel's errors. Strickland v. Washington, 466 U.S. 668, 687-88 (1984); Warden v. Lyons, 100 Nev. 430, 432-33, 683 P.2d 504, 505 (1984) (adopting the test in Strickland). Both components of the inquiry must be shown. Strickland, 466 U.S. at 687. "A claim of ineffective assistance of counsel presents a mixed question of law and fact that is subject to independent review." Lader v. Warden, 121 Nev. 682, 686, 120 P.3d 1164, 1166 (2005). A petitioner must raise claims supported by specific factual allegations that are not belied by the record and, if true, would entitle the petitioner to relief. Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984).
McDaniel v. Henley, 88693-COA (Nev. App. Nov 20, 2024)
Outcome:
Affirmed
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Randy Alesna McDaniel v. John Henley, Warden NNCC?
The outcome was: Affirmed
Which court heard Randy Alesna McDaniel v. John Henley, Warden NNCC?
This case was heard in Third Judicial District Court, Lyon County, Nevada, NV. The presiding judge was John Schlegelmilch.
Who were the attorneys in Randy Alesna McDaniel v. John Henley, Warden NNCC?
Plaintiff's attorney: Click Here For The Best Yerington Criminal Defense Lawyer Directory. Defendant's attorney: Lyon County, Nevada District Attorney's Office.
When was Randy Alesna McDaniel v. John Henley, Warden NNCC decided?
This case was decided on November 20, 2024.