Opinion
No. 77268-COA
07-13-2020
WAHEED FEDA, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
Waheed Feda appeals from an order of the district court denying a postconviction petition for a writ of habeas corpus filed on December 6, 2016, and supplemental petition filed on September 27, 2017. Eighth Judicial District Court, Clark County; Stefany Miley, Judge.
Feda contends the district court abused its discretion by denying Feda's petition. Feda argues the district court did not make findings of fact or conclusions of law as to his claim that counsel were ineffective for failing to conduct an objectively reasonable investigation. Feda also argues the district court's findings as to his claim that his guilty plea was coerced by counsel's failure to conduct an objectively reasonable investigation were not supported by substantial evidence in the record. However, Feda did not claim below that counsel were ineffective for failing to conduct an objectively reasonable investigation. The district court thus did not err by failing to address these claims. We therefore conclude Feda is not entitled to relief on these claims.
Feda also argues that trial-level counsel were ineffective for not conducting an objectively reasonable investigation. Because Feda did not raise this argument below, we decline to consider this claim on appeal in the first instance. See McNelton v. State, 115 Nev. 396, 416, 990 P.2d 1263, 1276 (1999). Accordingly, we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Bulla cc: Hon. Stefany Miley, District Judge
Makris Legal Services, LLC
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk