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LADER v. WARDEN

No. 41895.

120 P.3d 1164 (2005)

Philip Scott LADER, Appellant, v. Warden, Northern Nevada Correctional Center, David Meligan, Respondent.

Supreme Court of Nevada.

October 6, 2005.

Attorney(s) appearing for the Case

Charles C. Diaz, Reno, for Appellant.

Brian Sandoval, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Terrence P. McCarthy, Deputy District Attorney, Washoe County, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION ON REHEARING1

HARDESTY, J.

The primary issue we address in this appeal is appellant Philip Lader's post-conviction claim that his trial and appellate counsel were ineffective for failing to adequately argue that his two prior felony convictions for driving under the influence of alcohol (DUI) in Nevada could not be used to enhance a subsequent DUI conviction to a felony, pursuant to NRS 484.3792, and in the same...

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