Opinion
No. 68981
03-16-2016
RODERICK RENEE SAWYER, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Eric Johnson, Judge.
Appellant Roderick Sawyer claims the district court erred by denying the claims raised in his April 13, 2010, petition and his February 27, 2015, supplemental petition without holding an evidentiary hearing.
First, Sawyer claimed his plea was invalid because counsel coerced him into pleading guilty. This claim was previously raised in a postconviction motion to withdraw guilty plea and was rejected by the Nevada Supreme Court. Sawyer v. State, Docket No. 55108 (Order of Affirmance, July 15, 2010). Therefore, this claim is barred by the doctrine of law of the case, see Hall v. State, 91 Nev. 314, 315-16, 535 P.2d 797, 798-99 (1975), and the district court did not err in denying this claim without holding an evidentiary hearing.
Second, Sawyer claimed counsel was ineffective for failing to file a pretrial petition for a writ of habeas corpus and for failing to investigate witnesses. Sawyer failed to support these claims with specific facts that, if true, would entitle him to relief. See Hargrove v. State, 100 Nev. 498, 502-03, 686 P.2d 222, 225 (1984); see also Molina v. State, 120 Nev. 185, 192, 87 P.3d 533, 538 (2004) (a petitioner claiming counsel did not conduct an adequate investigation must specify what a more thorough investigation would have uncovered). Therefore, the district court did not err in denying these claims without holding an evidentiary hearing. Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Eric Johnson, District Judge
Law Office of Julian Gregory, L.L.C.
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk