Summary of Foster v. State, 121 Nev. Adv. Op. 20

TL;DRAbstract

Troy Anthony Foster, appellant, was charged with four counts of sexual assault and one count of kidnapping. A jury found Foster guilty of three counts of sexual assault and acquitted him on one count of sexual assault and of kidnapping. Foster appealed his conviction asserting five assignments of error. The Nevada Supreme Court rejected Foster’s contentions concluding in part the evidence presented at trial was more than sufficient to sustain the jury’s verdict. Foster then filed a post-conviction petition for a writ of habeas corpus in district court, claiming ineffective assistance of both trial and appellate counsel. The district court appointed counsel to represent Foster and conducted an evidentiary hearing. On January 28, 2004 the district court entered an order rejecting all of Foster’s claims and denying the petition for a writ of habeas corpus. Foster again filed an appeal to the Nevada Supreme Court asserting a number of claims of error in the district court’s denial of Foste

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