Opinion
No. 69459
09-20-2016
MARGARET JOYCE MODELFINO, Appellant, v. THE STATE OF NEVADA, Respondent.
ORDER OF AFFIRMANCE
This is an appeal from an order of the district court denying a postconviction petition for a writ of habeas corpus. Eighth Judicial District Court, Clark County; Kathleen E. Delaney, Judge.
Appellant Margaret Modelfino claims the district court erred by denying her claim raised in her June 30, 2009, petition, and in her December 3, 2012, supplemental petition, that counsel was ineffective for failing to conduct an adequate pretrial investigation. The district court found Modelfino failed to demonstrate she was prejudiced by counsel's deficient performance. See 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). Specifically, the district court found Modelfino failed to demonstrate a reasonable probability of a different outcome at trial had counsel done further investigation to support her claim of self-defense because there was overwhelming evidence of Modelfino's guilt.
We conclude Modelfino failed to demonstrate the district court erred by denying this claim because Modelfino failed to provide this court with a copy of the trial transcript, which would be necessary for this court to review this claim. See NRAP 30(b)(1) ("Copies of all transcripts that are necessary to the Supreme Court's or Court of Appeals' review of the issues presented on appeal shall be included in the appendix."); NRAP 30(b)(3) (appellant's appendix shall include any "portions of the record essential to determination of the issues raised in appellant's appeal"). Therefore, Modelfino fails to demonstrate the district court erred by denying her petition, and we
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver cc: Hon. Kathleen E. Delaney, District Judge
Law Office of Kristina Wildeveld
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk