Tanner

BACKGROUND

In June 1993, Tanner shot and killed his wife, Julie Tanner, as she lay asleep in their bed. Tanner also forced their twelve- year-old foster son to engage in oral sexual intercourse with him sometime in April or May 1993. In December 1993, Tan- ner pleaded guilty in Nevada district court to first degree mur- der with the use of a deadly weapon and battery with intent to commit sexual assault.

At Tanner’s plea hearing, the judge informed Tanner that if he did not plead guilty, he would have the right to a jury trial, the right to have the charges against him proved beyond a reasonable doubt, the right to confront witnesses against him, the right to present and subpoena witnesses, and the right to remain silent. Tanner said that he understood that he was giving up those rights by pleading guilty. The judge did not tell Tanner that he was entitled to take an appeal after plead- ing guilty.

Tanner was subsequently sentenced to imprisonment for 1 Prior to the plea hearing, Tanner had signed a plea memorandum, which stated that Tanner waived certain appeal rights, using the following language: I understand that I have the right to appeal from adverse rulings on pretrial…