State v. FosterAnnotate this Case
The Supreme Court affirmed the judgment of the district court denying Appellant postconviction relief without conducting an evidentiary hearing, holding that the district court properly denied relief and without holding an evidentiary hearing.
Appellant was convicted of first degree murder and other crimes. Appellant later filed a motion for postconviction relief, alleging claims of trial court error, prosecutorial misconduct, ineffective assistance of trial counsel, and ineffective assistance of appellate counsel. The district court denied relief. The Supreme Court affirmed, holding that the district court did not err in (1) failing to find trial counsel deficiency violated the Nebraska and United States Constitutions; (2) failing to grant Appellant postconviction relief; (3) failing to find Defendant was prejudiced by trial counsel’s performance; (4) failing to find Appellant was prejudiced by appellate counsel’s performance; and (5) denying Appellant an evidentiary hearing.