Nebraska v. Yos-Chiguil
Annotate this CaseIn 2008, Appellant Mauro Yos-Chiguil pled nolo contendere to murder and assault charges. The Court of Appeals dismissed his direct appeal as untimely. Appellant unsuccessfully sought relief under the state's immigration advisement statute. Appellant then appealed to the Supreme Court for post-conviction relief. He argued that the district court denied his petition without an evidentiary hearing. Upon review, the Supreme Court found that it lacked jurisdiction to review most of Appellant's claims because they were included in his "untimely" appeal. The only claim the Court could review pertained to his ineffective assistance of counsel claim. The Court believed that claim alleged sufficient facts to warrant an evidentiary hearing. The Court remanded the case for further proceedings.
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