State v. Munoz (2019)

But as the Nebraska Supreme Court has continuously held under such circumstances, “In the absence of plain error, - 16 - where an issue is raised for the first time in an appellate court, it will be disregarded inasmuch as a lower court cannot commit error in resolving an issue never presented and submitted to it for disposition.” State v. Munoz, 303 Neb. 69, 75 , 927 N.W.2d 25, 32 (2019).

“Evidence is relevant if it has ‘any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.’ Relevancy requires only that the probative value be something more than nothing.” State v. Munoz, 303 Neb. 69, 82 , 927 N.W.2d 25, 36 (2019).

App. 292 Munoz, 303 Neb. 69 , 82, 927 N.W.2d 25, 36 (2019).

Recently, in State v. Munoz, 303 Neb. 69, 79-80 , 927 N.W.2d 25, 34-35 (2019), the Nebraska Supreme Court succinctly set forth the general principles relating to claims of ineffective assistance of counsel raised on direct appeal when the defendant is represented by different counsel: When a defendant’s trial counsel is different from his or her counsel on direct appeal, the defendant must raise on direct appeal any issue of trial counsel’s ineffective performance which is k…

See State v. Munoz, 303 Neb. 69 , 927 N.W.2d 25 (2019).

See State v. Munoz, 303 Neb. 69 , 927 N.W.2d 25 (2019).

See State v. Munoz, 303 Neb. 69 , 927 N.W.2d 25 (2019).

See State v. Munoz, 303 Neb. 69 , 927 N.W.2d 25 (2019) (appellate court may find plain error on appeal when error unasserted or uncomplained of at trial, but plainly evident from record, prejudicially affects litigant’s substantial right and, if uncorrected, would result in damage to integrity, repu- tation, and fairness of judicial process).

See State v. Munoz, 303 Neb. 69 , 927 N.W.2d 25 (2019).

See State v. Munoz, 303 Neb. 69 , 927 N.W.2d 25 (2019).

See State v. Munoz, ante p. 69, 927 N.W.2d 25 (2019).