March 8, 2023, Oral Arguments

State vs. Fenton (John)

State vs. Fenton (John)

Docket No. 84444

Carson City – 2:00 p.m. – Cadish/Pickering/Bell

This is an appeal from a district court’s grant of habeas relief.  The district court granted relief because respondent’s trial and direct-appeal counsel’s decision to call a welfare check on respondent and subsequent romantic relationship with respondent caused a breakdown in communication between respondent and his counsel and impeded their ability to have a candid conversation.  On appeal, the State argues that respondent failed to show how either alleged conflict of interest adversely affected his counsel’s representation, while respondent maintains that the relationship evidences an actual conflict that adversely affected the representation.