State v. Glass
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The Supreme Court affirmed the judgment of the district court denying Defendant’s amended and supplemental motions for postconviction relief.
Defendant was convicted of second degree murder and use of a firearm to commit a felony. Defendant filed amended and supplemental motions for postconviction relief, claiming that the jury instructions given in his case denied him due process and that he received ineffective assistance of trial and appellate counsel. The district court denied the motions after an evidentiary hearing. The Supreme Court affirmed, holding (1) the holdings in State v. Smith, 806 N.W.2d 383 (Neb. 2011), did not apply to Defendant retroactively on collateral review; (2) Defendant’s convictions did not offend his due process rights; and (3) Defendant’s claims of ineffectiveness of trial and appellate counsel were without merit.
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