State v. Armstrong
Annotate this CaseDefendant was charged with the sexual assault of two girls. During trial, it was revealed that defense witnesses had viewed forensic interviews of the victims. The State moved to strike the entire testimony of one defense witness and to exclude any testimony from two other defense witnesses, asserting that defense counsel had violated the court discovery order and Neb. Rev. Stat. 29-1926, the statute pertaining to victim interviews. Defense counsel responded that he did not have any objection to the State’s motion. The court granted the State’s motion. The jury subsequently found Defendant guilty of all charges. Thereafter, Defendant brought a petition for postconviction relief, alleging that trial counsel was ineffective for stipulating and advising Defendant to stipulate to allow the witness testimony to be stricken. The postconviction court vacated Defendant’s conviction and ordered a new trial, concluding that Defendant was prejudiced by counsel’s deficient performance. The Supreme Court affirmed, holding that Defendant was prejudiced by defense counsel’s deficient conduct of agreeing with the State to strike and exclude defense witnesses.
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